Title 201 | Chapter 016 | Regulation 510
SUPERSEDED
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PREVIOUS VERSION
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BOARDS AND COMMISSIONS
Board of Veterinary Examiners
(Amendment)
201 KAR 16:510.Fees for veterinarians.
Section 1.
Payment and Submission of Fees.(1)
Fees to the board shall be paid by check or money order, or, if available, online payment by debit or credit card. Checks and money orders shall be made payable to the Kentucky State Treasurer.(2)
All fees shall be nonrefundable.Section 2.
(1)
(2)
Section 3.
Examination Fees for Veterinarians.(1)
The fee for the North American Veterinary Licensing Examination (NAVLE) shall be paid directly to the International Council for Veterinary Assessment (ICVA), its designee, or current test administrator.(2)
The fee for the Kentucky(3)
The fee for an applicant to obtain board approval to retake the NAVLE shall be fifty (50) dollars paid directly to the board and attached to the Application for Retake of the NAVLE form as found in 201 KAR 16:530 or online equivalent form. In 2024, or at the time when the ICVA takes over the NAVLE eligibility review process, whichever is later, the KBVE shall no longer accept retake applications or collect retake fees.Section 3.
Fees for Special Permits.(1)
The fee for a special permit issued by the board pursuant to KRS 321.201 shall be $200.(2)
The fee shall be attached to either the Application for Licensure as a Veterinarian form as found in 201 KAR 16:540 or the Application for Retake of the NAVLE form as found in 201 KAR 16:530, or online equivalent forms.(3)
A special permit shall not be renewed. Following expiration of a special permit, an individual shall reapply for a new special permit.Section 4.
Application Fees for Veterinarians.(1)
The application fee for a veterinarian license shall be $200.(2)
The fee shall be attached to the completed Application for Licensure as a Veterinarian form as found in 201 KAR 16:540 or online equivalent form, including all required attachments.Section 5.Section 4.
Renewal Fees for Veterinarian Licenses(1)
(a)
Except as provided by paragraphs (b) and (c) of this subsection, the biennial renewal fee for licensure as a veterinarian in active status shall be $4001.
The Renewal Application for Veterinarians form as found in 201 KAR 16:570 or online equivalent form is complete, including all required attachments, continuing education credits, and fee payment; and2.
The complete package is submitted to the board for review and approval not later than September 30 of the second year of the renewal biennium.(b)
For veterinarians who are initially licensed in the second year of the biennium between 365 days and 182 days prior to the end of the renewal biennium, the licensure renewal fee shall be reduced to $200(c)
For veterinarians who are initially licensed in the second year of the biennium between 181 days and the last day of the renewal biennium, the licensure renewal fee shall be waived during a licensee's first licensure cycle.(2)
(a)
During the grace period established by KRS 321.211, a licensed veterinarian who failed to meet the September 30 renewal deadline may continue to function as though licensed until a late renewal application is submitted to the board.(b)
The late fee for biennial renewal shall be $200(c)
The veterinarian shall submit the complete Renewal Application for Veterinarians form as found in 201 KAR 16:570 or online equivalent form, including all required attachments, continuing education hours, and fee payment, to the board between October 1 and November 30 during the last year of the biennium.(3)
A veterinarian's license shall expire if no renewal application package and all attachments, and late fee if applicable, is paid to the board by November 30.Section 6.Section 5.
Reinstatement Fees for Veterinarians.(1)
(a)
Except as provided by Section 6 of this administrative regulation, if not more than five (5) years have elapsed since the last date of license expiration pursuant to KRS 321.211(6)(b)
A veterinarian shall not apply for a new license during this five (5) year window; a reinstatement application shall be required.(2)
If more than five (5) years have elapsed since the last date of license expiration, a veterinarian shall apply as a new applicant to obtain a license in the Commonwealth of Kentucky.Section 7.Section 6.
Inactive Status of License.(1)
(a)
A veterinarian may request inactive licensure status in accordance with 201 KAR 16:580.(b)
Outside of a renewal window,(c)
During an open renewal window,(2)
Renewal of an inactive veterinary license.(a)
The biennial renewal fee for inactive veterinarian licensure status shall be $275(b)
The late fees established in Section 4(2) of this administrative regulation shall apply to a license in an inactive status that was not renewed by September 30 of the biennium.(c)
A license in an inactive status that is not renewed by November 30 shall be deemed to be expired.(3)
Reinstatement of inactive veterinarian license status to active status.(a)
A veterinarian licensee in inactive status may reinstate their(b)
There shall be a reinstatement fee of $400Section 8.Section 7.
Retirement of a Veterinary License.(1)
(a)
A veterinarian may request to retire their(b)
The one-time fee for this service shall be twenty-five (25) dollars, which shall be attached to a Request for Licensure Status Change form as found in 201 KAR 16:580 or the Renewal Application for Veterinarians form as found in 201 KAR 16:570 or online equivalent forms.(2)
Once a license is retired it shall not be reactivated. If a veterinarian holds a retired license and wishes to practice again, he or she shall apply to the board for a new license to practice veterinary medicine in the Commonwealth of Kentucky.Section 9.Section 8.
Fee Reduction for Military Personnel.(1)
If a veterinarian applicant submits a copy of their current military orders or(a)(1)
For active duty military, active reserves, and National Guard service persons, an individual's initial application fees, the Kentucky State Exam fee, and the biennial renewal fees shall be waived.(b)(2)
For retired military personnel with twenty (20) or more years of service, an individual's initial application fees shall be waived, and the biennial renewal fees shall be reduced by half, rounded to the nearest whole dollar.(c)(3)
For any other military veteran, the initial application fees shall be waived.(d)(4)
All other requirements of licensure, including renewal deadlines and continuing education requirements established in 201 KAR 16:590, shall still be met.(2)
In conformity with federal Pub.L. No 117-333, if a veterinarian applicant who is an active duty servicemember, or their spouse is an active duty servicemember, then all application fees to the board shall be waived when all of the following conditions are met:(a)
The servicemember, and the service member's spouse, if one exists, shall have their residency relocated to Kentucky for the duration of current military orders;(b)
The veterinarian shall hold at least one (1) license equivalent in scope in another United States jurisdiction;(c)
Within ninety (90) days of relocating, the veterinarian shall register with the board on the Application for Licensure as a Veterinarian form as found in 201 KAR 16:540 or online equivalent form, in conformity with 201 KAR 16:540, Section 1(4).(d)
The servicemember shall submit a copy of their current military orders to the board;(e)
All veterinarian licensees held in any jurisdiction by the veterinarian shall remain in good standing; and(f)
The veterinarian shall submit to the authority of the board for the purposes of standards of practice, discipline, and fulfillment of any continuing education requirements.MICHELLE M. SHANE, Executive Director
For STEVEN J. WILLS, DVM, Board Chair
APPROVED BY AGENCY: August 1, 2023
FILED WITH LRC: August 1, 2023 at noon
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on October 24, 2023 at 1:00 p.m., at the Kentucky Department of Agriculture, Office of the State Veterinarian, 109 Corporate Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made prior to the end of the hearing. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through October 31, 2023. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Michelle Shane, Executive Director, Kentucky Board of Veterinary Examiners, 107 Corporate Drive, Second Floor, Frankfort Kentucky 40601, phone (502) 782-0273, fax (502) 695-5887, email michelle.shane@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Michelle Shane
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the fees for persons seeking a veterinarian license from the board to gain the ability to practice veterinary medicine in Kentucky.
(b) The necessity of this administrative regulation:
This regulation is necessary to establish the fees that the Kentucky Board of Veterinary Examiners (KBVE) approves for veterinarian licensure, as mandated in KRS 321.190, 321.193, 321.201(1), 321.211, and 321.235.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 321.235 mandates that the board administer and enforce KRS Chapter 321. KRS 321.190 and 321.211 specifically require the board to charge application, examination, renewal, late, reinstatement, inactive status, and retirement fees.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will assist in effective administration by clearly expressing what fees have been approved by the board in order to keep all mandated board programs operational and responsive to constituent needs.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
Updating statutory references to conform with the new Kentucky Veterinary Medicine Practice Act, KRS Chapter 321; updating fees which have only minimally changed in nearly 30 years to ensure that the board remains operational, efficient, and responsive to both the public and licensee needs. These changes also enable the board to implement new programs as mandated by the modernized Kentucky Veterinary Medicine Practice Act, KRS Chapter 321.
(b) The necessity of the amendment to this administrative regulation:
Changes are necessary to conform with the new Kentucky Veterinary Medicine Practice Act, KRS Chapter 321. The Kentucky Board of Veterinary Examiners has determined this amendment is necessary keep all mandated board programs operational, and ensure adequate staffing levels to keep the board responsive to the needs of the public and credential holders. Costs for the board have increased, and it is necessary to raise fees to continue operations. These changes also enable the board to implement new programs as mandated by the modernized Kentucky Veterinary Medicine Practice Act, KRS Chapter 321.
(c) How the amendment conforms to the content of the authorizing statutes:
KRS 321.235 mandates that the board administer and enforce KRS Chapter 321. KRS 321.190 and 321.211 specifically require the board to charge application, examination, renewal, late, reinstatement, inactive status, and retirement fees.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment shall ensure transparency about the fees associated with applications for licensure as a veterinarian.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
2,680 veterinarians, approximately 15 special permit holders, and future applicants.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Applicants will be required to have paid the fee prior to licensure or permitting, renewal, or reinstatement.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
No costs are associated with compliance, as this is a prerequisite for application, renewal, and reinstatement.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Administrative ease of clear communications of the fees associated with licensure.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The KBVE expects costs for all board operations to be approximately $575,000 annually in the near term.
(b) On a continuing basis:
The board expects costs for all board operations to be approximately $750,000 annually in the future as new programming is brought online, per the mandates in the modernized Kentucky Veterinary Medicine Practice Act, KRS Chapter 321.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Fees for the KBVE come from license, certificate, permit, and registration fees established in this filing and the other fee filings. The board does not receive any general funds. Costs for the board have increased, and it is necessary to raise fees to continue operations.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
There is no anticipation of an increase in fees or needed funding to implement this administrative regulation, as the KBVE is already running an administrative program to process applications and an inspection program to ensure compliance.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
Fees are established directly.
(9) TIERING: Is tiering applied?
Tiering of fees is applied to applications from U.S. military servicemembers. Pursuant to public law Public Law No 117-333, the board provides reduced or waived fees for active duty military. Discharged and retired military servicemembers are also provided reduced or waived fees associated with licensure as a veterinary technician.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Kentucky Board of Veterinary Examiners (KBVE).
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 321.193(2), 321.201(1), 321.211(1), (5), 321.235(1)(c), 321.320
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This filing will generate approximately $1.2 million on a biennial basis. Because veterinarians renew their license only every other year, the annual amount varies significantly. In F.Y.s ending in odd numbers, the regulation will only generate $190,000; in F.Y.s ending in even numbers, the regulation will generate an additional $1 million.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This filing will generate approximately $1.2 million on a biennial basis. Because veterinarians renew their license only every other year, the annual amount varies significantly. In F.Y.s ending in odd numbers, the regulation will only generate $190,000; in F.Y.s ending in even numbers, the regulation will generate an additional $1 million.
(c) How much will it cost to administer this program for the first year?
This is not a new program. The KBVE expects costs for all board operations to be approximately $575,000 annually in the near term.
(d) How much will it cost to administer this program for subsequent years?
The board expects costs for all board operations to be approximately $750,000 annually in the future as new programming is brought online, per the mandates in the modernized Kentucky Veterinary Medicine Practice Act, KRS Chapter 321.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
+$1.2 million biennially (see note above, in # 3(b))
Expenditures (+/-):
-$750,000 annually
Other Explanation:
Additional expenses are anticipated by the KBVE
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
There will be no cost savings; this amendment simply codifies the requirements, making them easily accessible for regulated entities.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
There will be no cost savings.
(c) How much will it cost the regulated entities for the first year?
There will be additional costs involved to apply for a new veterinarian license, renew or reinstate, pay late fees, maintain an inactive license, or retire veterinarian license. KBVE fees have only minimally changed in the past 30 years; the increase in fees is to ensure that the board remains operational, efficient, and responsive to both the public and licensee needs, while also implementing new programs as mandated by the modernized Kentucky Veterinary Medicine Practice Act, KRS Chapter 321. Costs for the board have increased, and it is necessary to raise fees to continue operations.
(d) How much will it cost the regulated entities for subsequent years?
The fees established in this regulation will be consistent in subsequent years. KBVE fees have only minimally changed in the past 30 years; the increase in fees is to ensure that the board remains operational, efficient, and responsive to both the public and licensee needs, while also implementing new programs as mandated by the modernized Kentucky Veterinary Medicine Practice Act, KRS Chapter 321. Costs for the board have increased, and it is necessary to raise fees to continue operations.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
None.
Expenditures (+/-):
-$750,000 annually.
Other Explanation:
Additional expenses are anticipated by the KBVE
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)]. This amendment shall not have a "major economic impact", as defined in KRS 13A.010(13).
BOARDS AND COMMISSIONS
Board of Veterinary Examiners
(Amendment)
201 KAR 16:510.Fees for veterinarians.
Section 1.
Payment and Submission of Fees.(1)
Fees to the board shall be paid by check or money order, or, if available, online payment by debit or credit card. Checks and money orders shall be made payable to the Kentucky State Treasurer.(2)
All fees shall be nonrefundable.Section 2.
Examination Fees for Veterinarians.(1)
The fee for the North American Veterinary Licensing Examination (NAVLE) shall be paid directly to the International Council for Veterinary Assessment (ICVA), its designee, or current test administrator.(2)
The fee for the Kentucky Board of Veterinary Examiners state jurisprudence exam shall be $100 paid directly to the board.(3)
The fee for an applicant to obtain board approval to retake the NAVLE shall be fifty (50) dollars paid directly to the board and attached to the Application for Retake of the NAVLE form as found in 201 KAR 16:530 or online equivalent form. In 2024, or at the time when the ICVA takes over the NAVLE eligibility review process, whichever is later, the KBVE shall no longer accept retake applications or collect retake fees.Section 3.
Fees for Special Permits.(1)
The fee for a special permit issued by the board pursuant to KRS 321.201 shall be $200.(2)
The fee shall be attached to either the Application for Licensure as a Veterinarian form as found in 201 KAR 16:540 or the Application for Retake of the NAVLE form as found in 201 KAR 16:530, or online equivalent forms.(3)
A special permit shall not be renewed. Following expiration of a special permit, an individual shall reapply for a new special permit.Section 4.
Application Fees for Veterinarians.(1)
The application fee for a veterinarian license shall be $200.(2)
The fee shall be attached to the completed Application for Licensure as a Veterinarian form as found in 201 KAR 16:540 or online equivalent form, including all required attachments.Section 5.
Renewal Fees for Veterinarian Licenses. The following fees shall be paid in connection with licensure renewals:(1)
(a)
Except as provided by paragraphs (b) and (c) of this subsection, the biennial renewal fee for licensure as a veterinarian in active status shall be $400 if:1.
The Renewal Application for Veterinarians form as found in 201 KAR 16:570 or online equivalent form is complete, including all required attachments, continuing education credits, and fee payment; and2.
The complete package is submitted to the board for review and approval not later than September 30 of the second year of the renewal biennium.(b)
For veterinarians who are initially licensed in the second year of the biennium between 365 days and 182 days prior to the end of the renewal biennium, the licensure renewal fee shall be reduced to $200 during a licensee's first licensure cycle. The late fee for renewal, if applicable, shall not be reduced or waived without board authorization.(c)
For veterinarians who are initially licensed in the second year of the biennium between 181 days and the last day of the renewal biennium, the licensure renewal fee shall be waived during a licensee's first licensure cycle.(2)
(a)
During the grace period established by KRS 321.211, a licensed veterinarian who failed to meet the September 30 renewal deadline may continue to function as though licensed until a late renewal application is submitted to the board.(b)
The late fee for biennial renewal shall be $200 in addition to the renewal fee as described in Section 4(1) or Section 6 of this administrative regulation.(c)
The veterinarian shall submit the complete Renewal Application for Veterinarians form as found in 201 KAR 16:570 or online equivalent form, including all required attachments, continuing education hours, and fee payment, to the board between October 1 and November 30 during the last year of the biennium.(3)
A veterinarian's license shall expire if no renewal application package and all attachments, and late fee if applicable, is paid to the board by November 30.Section 6.
Reinstatement Fees for Veterinarians.(1)
(a)
Except as provided by Section 6 of this administrative regulation, if not more than five (5) years have elapsed since the last date of license expiration pursuant to KRS 321.211(6), a veterinarian may pay a reinstatement fee of $1,000 and submit a complete Reinstatement Application for Veterinarians form as found in 201 KAR 16:540 or online equivalent form, including all required attachments, to the board for reinstatement of their license.(b)
A veterinarian shall not apply for a new license during this five (5) year window; a reinstatement application shall be required.(2)
If more than five (5) years have elapsed since the last date of license expiration, a veterinarian shall apply as a new applicant to obtain a license in the Commonwealth of Kentucky.Section 7.
Inactive Status of License.(1)
(a)
A veterinarian may request inactive licensure status in accordance with 201 KAR 16:580.(b)
Outside of a renewal window, the Request for Licensure Status Change form shall be required, and there shall not be a fee.(c)
During an open renewal window, the Renewal Application for Veterinarians form shall be required, and the required fee shall paid as established in subsection (2) of this section.(2)
Renewal of an inactive veterinary license.(a)
The biennial renewal fee for inactive veterinarian licensure status shall be $275 per renewal biennium.(b)
The late fees established in Section 4(2) of this administrative regulation shall apply to a license in an inactive status that was not renewed by September 30 of the biennium.(c)
A license in an inactive status that is not renewed by November 30 shall be deemed to be expired.(3)
Reinstatement of inactive veterinarian license status to active status.(a)
A veterinarian licensee in inactive status may reinstate their license to active status in accordance with 201 KAR 16:580.(b)
There shall be a reinstatement fee of $400.Section 8.
Retirement of a Veterinary License.(1)
(a)
A veterinarian may request to retire their license at any time.(b)
The one-time fee for this service shall be twenty-five (25) dollars, which shall be attached to a Request for Licensure Status Change form as found in 201 KAR 16:580 or the Renewal Application for Veterinarians form as found in 201 KAR 16:570 or online equivalent forms.(2)
Once a license is retired it shall not be reactivated. If a veterinarian holds a retired license and wishes to practice again, he or she shall apply to the board for a new license to practice veterinary medicine in the Commonwealth of Kentucky.Section 9.
Fee Reduction for Military Personnel.(1)
If a veterinarian applicant submits a copy of their current military orders or DD-214 (or other documentation acceptable to the board) with their application or renewal paperwork, the board shall waive or reduce fees as indicated in this section.(a)
For active duty military, active reserves, and National Guard service persons, an individual's initial application fees, the Kentucky State Exam fee, and the biennial renewal fees shall be waived.(b)
For retired military personnel with twenty (20) or more years of service, an individual's initial application fees shall be waived, and the biennial renewal fees shall be reduced by half, rounded to the nearest whole dollar.(c)
For any other military veteran, the initial application fees shall be waived.(d)
All other requirements of licensure, including renewal deadlines and continuing education requirements established in 201 KAR 16:590, shall still be met.(2)
In conformity with federal Pub.L. No 117-333, if a veterinarian applicant who is an active duty servicemember, or their spouse is an active duty servicemember, then all application fees to the board shall be waived when all of the following conditions are met:(a)
The servicemember, and the service member's spouse, if one exists, shall have their residency relocated to Kentucky for the duration of current military orders;(b)
The veterinarian shall hold at least one (1) license equivalent in scope in another United States jurisdiction;(c)
Within ninety (90) days of relocating, the veterinarian shall register with the board on the Application for Licensure as a Veterinarian form as found in 201 KAR 16:540 or online equivalent form, in conformity with 201 KAR 16:540, Section 1(4).(d)
The servicemember shall submit a copy of their current military orders to the board;(e)
All veterinarian licensees held in any jurisdiction by the veterinarian shall remain in good standing; and(f)
The veterinarian shall submit to the authority of the board for the purposes of standards of practice, discipline, and fulfillment of any continuing education requirements.MICHELLE M. SHANE, Executive Director
For STEVEN J. WILLS, DVM, Board Chair
APPROVED BY AGENCY: August 1, 2023
FILED WITH LRC: August 1, 2023 at noon
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on October 24, 2023 at 1:00 p.m., at the Kentucky Department of Agriculture, Office of the State Veterinarian, 109 Corporate Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made prior to the end of the hearing. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through October 31, 2023. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Michelle Shane, Executive Director, Kentucky Board of Veterinary Examiners, 107 Corporate Drive, Second Floor, Frankfort Kentucky 40601, phone (502) 782-0273, fax (502) 695-5887, email michelle.shane@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Michelle Shane
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the fees for persons seeking a veterinarian license from the board to gain the ability to practice veterinary medicine in Kentucky.
(b) The necessity of this administrative regulation:
This regulation is necessary to establish the fees that the Kentucky Board of Veterinary Examiners (KBVE) approves for veterinarian licensure, as mandated in KRS 321.190, 321.193, 321.201(1), 321.211, and 321.235.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 321.235 mandates that the board administer and enforce KRS Chapter 321. KRS 321.190 and 321.211 specifically require the board to charge application, examination, renewal, late, reinstatement, inactive status, and retirement fees.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation will assist in effective administration by clearly expressing what fees have been approved by the board in order to keep all mandated board programs operational and responsive to constituent needs.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
Updating statutory references to conform with the new Kentucky Veterinary Medicine Practice Act, KRS Chapter 321; updating fees which have only minimally changed in nearly 30 years to ensure that the board remains operational, efficient, and responsive to both the public and licensee needs. These changes also enable the board to implement new programs as mandated by the modernized Kentucky Veterinary Medicine Practice Act, KRS Chapter 321.
(b) The necessity of the amendment to this administrative regulation:
Changes are necessary to conform with the new Kentucky Veterinary Medicine Practice Act, KRS Chapter 321. The Kentucky Board of Veterinary Examiners has determined this amendment is necessary keep all mandated board programs operational, and ensure adequate staffing levels to keep the board responsive to the needs of the public and credential holders. Costs for the board have increased, and it is necessary to raise fees to continue operations. These changes also enable the board to implement new programs as mandated by the modernized Kentucky Veterinary Medicine Practice Act, KRS Chapter 321.
(c) How the amendment conforms to the content of the authorizing statutes:
KRS 321.235 mandates that the board administer and enforce KRS Chapter 321. KRS 321.190 and 321.211 specifically require the board to charge application, examination, renewal, late, reinstatement, inactive status, and retirement fees.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment shall ensure transparency about the fees associated with applications for licensure as a veterinarian.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
2,680 veterinarians, approximately 15 special permit holders, and future applicants.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Applicants will be required to have paid the fee prior to licensure or permitting, renewal, or reinstatement.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
No costs are associated with compliance, as this is a prerequisite for application, renewal, and reinstatement.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Administrative ease of clear communications of the fees associated with licensure.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The KBVE expects costs for all board operations to be approximately $575,000 annually in the near term.
(b) On a continuing basis:
The board expects costs for all board operations to be approximately $750,000 annually in the future as new programming is brought online, per the mandates in the modernized Kentucky Veterinary Medicine Practice Act, KRS Chapter 321.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Fees for the KBVE come from license, certificate, permit, and registration fees established in this filing and the other fee filings. The board does not receive any general funds. Costs for the board have increased, and it is necessary to raise fees to continue operations.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
There is no anticipation of an increase in fees or needed funding to implement this administrative regulation, as the KBVE is already running an administrative program to process applications and an inspection program to ensure compliance.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
Fees are established directly.
(9) TIERING: Is tiering applied?
Tiering of fees is applied to applications from U.S. military servicemembers. Pursuant to public law Public Law No 117-333, the board provides reduced or waived fees for active duty military. Discharged and retired military servicemembers are also provided reduced or waived fees associated with licensure as a veterinary technician.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Kentucky Board of Veterinary Examiners (KBVE).
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 321.193(2), 321.201(1), 321.211(1), (5), 321.235(1)(c), 321.320
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This filing will generate approximately $1.2 million on a biennial basis. Because veterinarians renew their license only every other year, the annual amount varies significantly. In F.Y.s ending in odd numbers, the regulation will only generate $190,000; in F.Y.s ending in even numbers, the regulation will generate an additional $1 million.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This filing will generate approximately $1.2 million on a biennial basis. Because veterinarians renew their license only every other year, the annual amount varies significantly. In F.Y.s ending in odd numbers, the regulation will only generate $190,000; in F.Y.s ending in even numbers, the regulation will generate an additional $1 million.
(c) How much will it cost to administer this program for the first year?
This is not a new program. The KBVE expects costs for all board operations to be approximately $575,000 annually in the near term.
(d) How much will it cost to administer this program for subsequent years?
The board expects costs for all board operations to be approximately $750,000 annually in the future as new programming is brought online, per the mandates in the modernized Kentucky Veterinary Medicine Practice Act, KRS Chapter 321.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
+$1.2 million biennially (see note above, in # 3(b))
Expenditures (+/-):
-$750,000 annually
Other Explanation:
Additional expenses are anticipated by the KBVE
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
There will be no cost savings; this amendment simply codifies the requirements, making them easily accessible for regulated entities.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
There will be no cost savings.
(c) How much will it cost the regulated entities for the first year?
There will be additional costs involved to apply for a new veterinarian license, renew or reinstate, pay late fees, maintain an inactive license, or retire veterinarian license. KBVE fees have only minimally changed in the past 30 years; the increase in fees is to ensure that the board remains operational, efficient, and responsive to both the public and licensee needs, while also implementing new programs as mandated by the modernized Kentucky Veterinary Medicine Practice Act, KRS Chapter 321. Costs for the board have increased, and it is necessary to raise fees to continue operations.
(d) How much will it cost the regulated entities for subsequent years?
The fees established in this regulation will be consistent in subsequent years. KBVE fees have only minimally changed in the past 30 years; the increase in fees is to ensure that the board remains operational, efficient, and responsive to both the public and licensee needs, while also implementing new programs as mandated by the modernized Kentucky Veterinary Medicine Practice Act, KRS Chapter 321. Costs for the board have increased, and it is necessary to raise fees to continue operations.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
None.
Expenditures (+/-):
-$750,000 annually.
Other Explanation:
Additional expenses are anticipated by the KBVE
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)]. This amendment shall not have a "major economic impact", as defined in KRS 13A.010(13).