Accreditation of Veterinarians and Suspension or Revocation of such Accreditation (9 CFR 160.1-162.13)

1000 SUBCHAPTER J—ACCREDITATION OF VETERINARIANS AND SUSPENSION OR REVOCATION OF SUCH ACCREDITATION PART 160—DEFINITION OF TERMS AUTHORITY: 7 U.S.C. 8301–8317; 15 U.S.C. 1828; 7 CFR 2.22, 2.80, and 371.4. § 160.1 Definitions. For the purposes of this subchapter the following words, phrases, names and terms shall be construed, respec tively, to mean: Accredited veterinarian. A veteri narian approved by the Administrator in accordance with the provisions of part 161 of this subchapter to perform functions specified in subchapters B, C, and D of this chapter. Administrator. The Administrator of the Animal and Plant Health Inspec tion Service or any individual author ized to act for the Administrator. Animal, animals. All animals except humans, including but not limited to cattle, sheep, goats, other ruminants, swine, horses, asses, mules, zebras, birds, and poultry. Animal and Plant Health Inspection Service. The Animal and Plant Health Inspection Service, United States De partment of Agriculture. APHIS. The Animal and Plant Health Inspection Service. Approved digital signature. Digital sig natures approved by the Administrator for electronic transmission, for exam ple, via a computer. To be approved, a digital signature must be able to verify the identity of the accredited veteri narian signing the document and indi cate if the integrity of the data in the signed document was compromised. Category I animals. Any animals other than Category II animals, e.g., cats and dogs. Category II animals. Food and fiber animal species; horses; birds; farm raised aquatic animals; all other live stock species; and zoo animals that can transmit exotic animal diseases to livestock. Examine, examination. Physical study of an individual animal that enables an accredited veterinarian to determine if any abnormality in physical condition or bodily function is suggestive of clin ical signs of communicable disease. Herd or flock health plan. A written herd or flock health management plan, which may include an agreement signed by the owner of a herd or flock, the accredited veterinarian, and a State or APHIS representative, in which each participant agrees to un dertake actions specified in the agree ment to maintain the health of the ani mals and detect signs of communicable disease. Inspect, inspection. Visual study of the physical appearance, physical con dition, and behavior of animals (singly or in groups) that enables an accred ited veterinarian to determine whether any abnormality in physical condition or bodily function is evident. Issue. The distribution, including electronic transmission, of an official animal health document that has been signed. Official certificate, form, record, report, tag, band, or other identification. Means any certificate, form, record, report, tag, band, or other identification, pre scribed by statute or by regulations issued by the Administrator, for use by an accredited veterinarian performing official functions under this sub chapter. Qualified accredited veterinarian (QAV). An accredited veterinarian who has been granted a program certifi cation by the Administrator pursuant to § 161.5 of this subchapter based on completion of an APHIS-approved ori entation or training program. Regular health maintenance program. An arrangement between an accredited veterinarian and a livestock producer whereby the veterinarian inspects every animal on the premises of the producer at least once every 30 days. Sign, (Signed). For an accredited vet erinarian to put his or her signature in his or her own hand, or by means of an approved digital signature, on a certifi cate, form, record, or report. No certifi cate, form, record, or report is signed if: VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 01010 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 1001 Animal and Plant Health Inspection Service, USDA § 161.1 (1) Someone other than the accred ited veterinarian has signed it on be half of or in the name of the accredited veterinarian, regardless of the author ity granted them by the accredited vet erinarian; or (2) If any mechanical device, other than an approved digital signature, has been used to affix the signature. State. Any State, the District of Co lumbia, Puerto Rico, Guam, the North ern Mariana Islands, the Virgin Islands of the United States, and any other territory or possession of the United States. State Animal Health Official. The State animal health official who is re sponsible for the livestock and poultry disease control and eradication pro grams of a State. Veterinarian-in-Charge. The veteri nary official of APHIS who is assigned by the Administrator to supervise and perform the official work of APHIS in a State or group of States. [57 FR 54912, Nov. 23, 1992, as amended at 59 FR 40797, Aug. 10, 1994; 60 FR 39842, Aug. 4, 1995; 62 FR 25445, May 9, 1997; 73 FR 60488, Oct. 10, 2008; 74 FR 65010, Dec. 9, 2009] PART 161—REQUIREMENTS AND STANDARDS FOR ACCREDITED VETERINARIANS AND SUSPEN SION OR REVOCATION OF SUCH ACCREDITATION Sec. 161.1 Statement of purpose; requirements and application procedures for accredita tion. 161.2 Performance of accredited duties in different States. 161.3 Renewal of accreditation. 161.4 Standards for accredited veterinarian duties. 161.5 Program certifications. 161.6 Suspension or revocation of veterinary accreditation and reaccreditation; crimi nal and civil penalties. 161.7 Activities performed by non-accred ited veterinarians. AUTHORITY: 7 U.S.C. 8301–8317; 15 U.S.C. 1828; 7 CFR 2.22, 2.80, and 371.4. SOURCE: 57 FR 54912, Nov. 23, 1992, unless otherwise noted. § 161.1 Statement of purpose; require ments and application procedures for accreditation. (a) This subchapter concerns a pro gram administered by APHIS to ac credit veterinarians and thereby au thorize them to perform, on behalf of APHIS, certain activities specified in this chapter. This program is intended to ensure that an adequate number of qualified veterinarians are available in the United States to perform such ac tivities. (b) Categories of accreditation. A vet erinarian may be accredited as a Cat egory I veterinarian or a Category II veterinarian. A veterinarian who is ac credited under Category I is only au thorized to perform accredited duties on Category I animals, as defined in § 160.1. A veterinarian who is accredited under Category II is authorized to per form accredited duties on both Cat egory I animals and Category II ani mals. (c) Application for initial accreditation. A veterinarian may apply for accredi tation by completing an application for accreditation and submitting it to APHIS. In completing the application, the veterinarian will choose one of the accreditation activity categories, ei ther Category I or Category II, as dis cussed in paragraph (b) of this section. Applications for Category I accredita tion must include certification that the applicant is able to perform the tasks listed in paragraph (g)(1) of this section. Applications for Category II accreditation must include certifi cation that the applicant is able to per form the tasks listed in paragraph (g)(2) of this section. An accredited vet erinarian must not perform duties re quiring a program certification unless he or she is accredited under Category II and qualified to perform such duties in accordance with § 161.5 of this part. (d) Review of application. Applications for accreditation received by APHIS shall be forwarded to the State Animal Health Official for the State in which the veterinarian wishes to perform ac credited duties for approval. Within 14 days after receiving an application, a State Animal Health Official shall ei ther endorse the application or send a VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 01011 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 1002 9 CFR Ch. I (1–1–18 Edition) § 161.1 written statement to the Adminis trator explaining why it was not en dorsed; but if the State Animal Health Official fails to take one of these ac tions within 14 days, APHIS shall pro ceed to review the application. The Ad ministrator will review the application and the written statement, if any, and determine whether the applicant meets the requirements for accreditation con tained in this part. (e) Accreditation requirements. The Ad ministrator is hereby authorized to ac credit a veterinarian when he or she determines that: (1) The veterinarian is a graduate with a Doctorate of Veterinary Medi cine or an equivalent degree (any de gree that qualifies the holder to be li censed by a State to practice veteri nary medicine) from a college of veteri nary medicine; (2) The veterinarian is licensed or le gally able to practice veterinary medi cine in the State in which the veteri narian wishes to perform accredited duties. APHIS will confirm the licens ing status of the applicant by con tacting the State board of veterinary medical examiners or any similar State organization that maintains records of veterinarians licensed in a State; (3) The veterinarian has completed initial accreditation training, using content provided by APHIS; and (4) The veterinarian has completed an orientation program approved by the Veterinarian-in-Charge for the State in which the veterinarian wishes to perform accredited duties, and upon completion of the orientation, has signed a written statement listing the date and place of orientation, the sub jects covered in the orientation, and any written materials provided to the veterinarian at the orientation. The Veterinarian-in-Charge shall also give the State Animal Health Official an op portunity to review the contents of the orientation, and invite him or her to participate in developing orientation materials and conducting the orienta tion. The veterinarian applying for ac creditation must have completed the orientation program within 3 years prior to submitting the application for accreditation. The core orientation program shall include the following topics: (i) Federal animal health laws, regu lations, and rules; (ii) Interstate movement require ments for animals; (iii) Import and export requirements for animals; (iv) USDA animal disease eradication and control programs; (v) Laboratory support in confirming disease diagnoses; (vi) Ethical and professional respon sibilities of an accredited veterinarian; (vii) Foreign animal disease aware ness; (viii) Animal health emergency man agement; and (ix) Animal health procedures, issues, and information resources relevant to the State in which the veterinarian wishes to perform accredited duties. (f) Change in accreditation category— (1) Category I to Category II. A veteri narian who is accredited under Cat egory I may become accredited under Category II if the veterinarian applies for accreditation under Category II by completing an application for accredi tation, including certification that the applicant is able to perform the tasks listed in paragraph (g)(2) of this sec tion, and submitting it to APHIS. The veterinarian must also have fulfilled the training requirements in § 161.3(b) that are associated with renewal of ac creditation under Category II. (2) Category II to Category I. A veteri narian who is accredited under Cat egory II may become accredited under Category I if the veterinarian applies for accreditation under Category I by completing an application for accredi tation, including certification that the applicant is able to perform the tasks listed in paragraph (g)(1) of this sec tion, and submitting it to APHIS. The veterinarian must also have fulfilled the training requirements in § 161.3(b) that are associated with renewal of ac creditation under Category I. (g) Tasks that applicants for accredited status must be able to perform. Appli cants for accredited status must be able to: (1) Category I. (i) Perform physical examination of individual Category I animals to determine whether they are VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 01012 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 1003 Animal and Plant Health Inspection Service, USDA § 161.2 free from any clinical signs suggestive of communicable disease. (ii) Recognize the common breeds of Category I animals and accurately record breed information on official documents. (iii) Apply common animal identi fication for Category I animals. (iv) Properly complete certificates for domestic and international move ment of Category I animals. (v) Perform necropsies on Category I animals. (vi) Recognize and report clinical signs and lesions of exotic animal dis eases that occur in Category I animals. (vii) Vaccinate Category I animals and accurately complete the vaccina tion certificates. (viii) Properly collect and ship speci men samples to the appropriate labora tory for testing with complete and ac curate paperwork. (ix) Develop appropriate biosecurity protocols, as well as cleaning and dis infection protocols, to control commu nicable disease spread in Category I animals. (2) Category II. (i) Perform physical examination of individual animals and visually inspect herds or flocks to de termine whether the animals are free from any clinical signs suggestive of communicable disease. (ii) Recognize the common breeds of Category I and Category II animals, in cluding the types of poultry as defined by the National Poultry Improvement Plan in subchapter G of this chapter and the common breeds of livestock, and be able to accurately record breed information on official documents. (iii) Recognize all USDA animal iden tification systems. (iv) Estimate the age of livestock using a dental formula. (v) Apply USDA-recognized identi fication (e.g., eartag, microchip, tat too) for the USDA animal identifica tion system. (vi) Certify the health status of an avian flock regarding diseases of do mestic or international regulatory con cern, and evaluate records pertaining to poultry flock testing and participa tion in Federal and State poultry health programs and classifications. (vii) Properly complete certificates for domestic and international move ment of animals. (viii) Apply and remove official seals. (ix) Perform necropsies on animals. (x) Recognize and report clinical signs and lesions of exotic animal dis eases. (xi) Develop a herd or flock health plan consistent with requirements in subchapters B, C, and D of this chapter. (xii) Vaccinate for USDA program diseases and accurately complete the vaccination certificate. (xiii) Properly collect and ship sam ple specimens to an appropriate labora tory for testing with complete and ac curate paperwork. (xiv) Properly perform testing for tu berculosis (e.g., caudal fold test). (xv) Develop appropriate biosecurity protocols, as well as cleaning and dis infection protocols, to control commu nicable disease spread. (xvi) Explain basic principles for con trol of diseases for which APHIS or APHIS-State cooperative programs presently exist. (h) Authorization to perform duties. An accredited veterinarian may not per form accredited duties in a State until after receiving written authorization from APHIS. If a Category I accredited veterinarian completes the necessary training requirements and becomes a Category II accredited veterinarian, the veterinarian may not perform Cat egory II accredited duties in a State until after receiving written authoriza tion from APHIS. (Approved by the Office of Management and Budget under control number 0579–0297) [57 FR 54912, Nov. 23, 1992, as amended at 74 FR 65010, Dec. 9, 2009] § 161.2 Performance of accredited du ties in different States. (a) If an accredited veterinarian wishes to perform accredited duties in a State other than the State in which the veterinarian was initially accred ited in accordance with § 161.1(e), the accredited veterinarian must complete an application to request authorization to perform accredited duties in the new State from the Veterinarian-in-Charge of that State. The Veterinarian-in Charge of the new State may require VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 01013 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 1004 9 CFR Ch. I (1–1–18 Edition) § 161.3 the accredited veterinarian to com plete, prior to performing any accred ited duties in the new State, an ori entation in animal health procedures and issues relevant to the new State. The Veterinarian-in-Charge shall re view the content of each such orienta tion and shall approve its use after de termining that it includes adequate in formation about animal health agen cies, regulatory requirements, adminis trative procedures, and animal disease issues in the new State, to prepare an accredited veterinarian from another State to perform accredited duties in the new State. The Veterinarian-in Charge shall also give the State Ani mal Health Official of the new State an opportunity to review the contents of the orientation, and invite him or her to participate in developing orienta tion materials and conducting the ori entation. (b) An accredited veterinarian may not perform accredited duties in a State in which the accredited veteri narian is not licensed or legally able to practice veterinary medicine. (c) An accredited veterinarian may not perform accredited duties in a State other than the one in which the veterinarian was initially accredited until the veterinarian receives written authorization from APHIS to perform accredited duties in the new State. (Approved by the Office of Management and Budget under control numbers 0579–0032 and 0579–0297) [74 FR 65011, Dec. 9, 2009] § 161.3 Renewal of accreditation. (a) Accredited veterinarians who wish to continue participating in the National Veterinary Accreditation Program must renew their accredita tion every 3 years by completing an ap plication for accreditation renewal and submitting it to APHIS. Newly accred ited veterinarians must renew their ac creditation within 3 years of com pleting the orientation program de scribed in § 161.1(e)(4) of this part, re gardless of when their accreditation was granted. Other veterinarians must renew their accreditation within 3 years of the previous renewal. (b) Accredited veterinarians who wish to renew their accreditation under Category I must complete 3 sup plemental training units approved by APHIS by the end of their 3-year ten ure as an accredited veterinarian. Ac credited veterinarians who wish to renew their accreditation under Cat egory II must complete 6 supplemental training units approved by APHIS by the end of their 3-year tenure as an ac credited veterinarian. Accredited vet erinarians who wish to change the cat egory in which they are accredited, rather than renew accreditation in their current accreditation category, should follow the procedure in § 161.1(f) of this part. (c) Accredited veterinarians who do not complete the required training within 3 years as specified in paragraph (a) of this section will have their ac credited status expire. Veterinarians whose accreditation has expired will not be allowed to perform accredited duties until they receive notification of their reinstatement from APHIS. Veterinarians who perform duties that only accredited veterinarians are au thorized to perform while their accred ited status has expired will be subject to such criminal and civil penalties as are provided by the Animal Health Pro tection Act (7 U.S.C. 8301 et seq.) or other applicable Federal statutes or regulations. To be reinstated, the vet erinarian must complete the necessary supplemental training units for the ap propriate category and submit an ap plication for renewal of veterinary ac creditation to APHIS. A veterinarian who allows his or her accredited status to expire must have completed the re quired number of supplemental train ing units within 3 years of his or her application for renewal in order to be approved for renewal. Supplemental training units completed since the vet erinarian’s last renewal but more than 3 years before the veterinarian’s appli cation for renewal will not count to wards fulfilling his or her training re quirement. (d) Veterinarians who are accredited as of February 1, 2010, may continue to perform accredited duties between Feb ruary 1, 2010, and the date of their first renewal. APHIS will provide notice for 3 months to accredited veterinarians who are accredited as of February 1, 2010, to notify them that they must elect to participate in the NVAP as a VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 01014 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 1005 Animal and Plant Health Inspection Service, USDA § 161.4 Category I or Category II veterinarian. Veterinarians must elect to continue to participate by October 1, 2011, or their accredited status will expire. When APHIS receives notice from an accredited veterinarian that he or she elects to participate, APHIS will notify the accredited veterinarian of his or her date for first renewal. The accred ited veterinarian must then complete all the training requirements for re newal, as described in this section, by his or her first renewal date. (Approved by the Office of Management and Budget under control number 0579–0297) [74 FR 65011, Dec. 9, 2009, as amended at 76 FR 52549, Aug. 23, 2011] § 161.4 Standards for accredited vet erinarian duties. An accredited veterinarian shall per form the functions of an accredited veterinarian only in a State in which the accredited veterinarian is licensed or legally able to practice veterinary medicine. An accredited veterinarian shall perform the functions of an ac credited veterinarian and carry out all responsibilities under applicable Fed eral programs and cooperative pro grams subject to direction provided by the Veterinarian-in-Charge and in ac cordance with any regulations and in structions issued to the accredited vet erinarian by the Veterinarian-in Charge, and shall observe the following specific standards: (a) An accredited veterinarian shall not issue a certificate, form, record or report which reflects the results of any inspection, test, vaccination or treat ment performed by him or her with re spect to any animal, other than those in regular health maintenance pro grams, unless he or she has personally inspected that animal within 10 days prior to issuance. Inspections under this paragraph must be conducted in a location that allows the accredited vet erinarian sufficient space to observe the animal in such a manner as to de tect abnormalities related to areas such as, but not limited to, loco motion, body excretion, respiration, and skin conditions. An accredited vet erinarian shall examine such an animal showing abnormalities, in order to de termine whether or not there is clin ical evidence compatible with the pres ence or absence of a communicable dis ease. (1) Following the first two inspec tions of a herd or flock as part of a reg ular health maintenance program, an accredited veterinarian shall not issue a certificate, form, record or report which reflects the results of any in spection, test, vaccination or treat ment performed by him or her with re spect to any animal in that program, unless he or she has personally in spected that animal within 10 days prior to issuance. (2) Following the third and subse quent inspections of a herd or flock in a regular health maintenance program, an accredited veterinarian shall not issue a certificate, form, record or re port which reflects the results of any inspection, test, vaccination or treat ment performed by him or her with re spect to any animal in that program, unless he or she has personally in spected that animal within 30 days prior to issuance. (b) An accredited veterinarian shall not issue, or allow to be used, any cer tificate, form, record or report, until, and unless, it has been accurately and fully completed, clearly identifying the animals to which it applies, and show ing the dates and results of any inspec tion, test, vaccination, or treatment the accredited veterinarian has con ducted, except as provided in paragraph (c) of this section, and the dates of issuance and expiration of the docu ment. Certificates, forms, records, and reports shall be valid for 30 days fol lowing the date of inspection of the animal identified on the document, ex cept that origin health certificates may be valid for a longer period of time as provided in § 91.3(a) of this chapter. The accredited veterinarian must distribute copies of certificates, forms, records, and reports according to instructions issued to him or her by the Veterinarian-in-Charge. (c) An accredited veterinarian shall not issue any certificate, form, record, or report which reflects the results of any inspection, test, vaccination, or treatment performed by another ac credited veterinarian, unless: (1) The signing accredited veteri narian has exercised reasonable care, VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 01015 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 1006 9 CFR Ch. I (1–1–18 Edition) § 161.4 that is, a standard of care that a rea sonably prudent person would use under the circumstances in the course of performing professional duties, to determine that the certificate, form, or report is accurate; (2) The certificate, form, or report in dicates that the inspection, test, vac cination, or treatment was performed by the other accredited veterinarian; identifies the other accredited veteri narian by name; and includes the date and the place where such inspection, test, or vaccination was performed; and, (3) For a certificate, form, or report indicating results of a laboratory test, the signing accredited veterinarian shall keep a copy of the certificate, form, or report and shall attach to it either a copy of the test results issued by the laboratory, or a written record (including date and participants’ names) of a conversation between the signing accredited veterinarian and the laboratory confirming the test results. (d) An accredited veterinarian shall perform official tests, inspections, treatments, and vaccinations and shall submit specimens to designated labora tories in accordance with Federal and State regulations and instructions issued to the accredited veterinarian by the Veterinarian-in-Charge. (e) An accredited veterinarian shall identify or be physically present to su pervise the identification of reactor animals by tagging or such other meth od as may be prescribed in instructions issued to him or her by the Veteri narian-in-Charge or by a State Animal Health Official through the Veteri narian-in-Charge. (f) An accredited veterinarian shall immediately report to the Veteri narian-in-Charge and the State Animal Health Official all diagnosed or sus pected cases of a communicable animal disease for which a APHIS has a con trol or eradication program in 9 CFR chapter I, and all diagnosed or sus pected cases of any animal disease not known to exist in the United States as provided by § 71.3(b) of this chapter. (g) While performing accredited work, an accredited veterinarian shall take such measures of sanitation as are necessary to prevent the spread of com municable diseases of animals by the accredited veterinarian. (h) An accredited veterinarian shall keep himself or herself currently in formed on Federal and State regula tions that are provided to him or her by the Veterinarian-in-Charge, or by a State official through the Veteri narian-in-Charge, governing the move ment of animals, and on procedures ap plicable to disease control and eradi cation programs, including emergency programs. (i) An accredited veterinarian shall not use or dispense in any manner, any pharmaceutical, chemical, vaccine or serum, or other biological product au thorized for use under any Federal reg ulation or cooperative disease eradi cation program, in contravention of ap plicable Federal or State statutes, reg ulations, and policies. (j) An accredited veterinarian shall be responsible for the security and proper use of all official certificates, forms, records, and reports; tags, bands, or other identification devices; and approved digital signature capa bilities used in his or her work as an accredited veterinarian and shall take reasonable care to prevent the misuse thereof. An accredited veterinarian shall immediately report to the Veteri narian-in-Charge the loss, theft, or de liberate or accidental misuse of any such certificate, form, record, or re port; tag, band, or other identification device; or approved digital signature capability. (k) An accredited veterinarian may issue an origin health certificate for export use pursuant to part 91 of this chapter without including test results from a laboratory, if the Veterinarian in-Charge has determined that such ac tion is necessary to save time in order to meet an exportation schedule and agrees to add the test results to the certificate at a later time. In such cases, the accredited veterinarian shall state on a removable attachment to the certificate that such test results are to be added by the Veterinarian-in Charge. [57 FR 54912, Nov. 23, 1992; 58 FR 8820, Feb. 17, 1993; 60 FR 39842, Aug. 4, 1995; 60 FR 55443, Nov. 1, 1995; 62 FR 25445, May 9, 1997; 67 FR 11561, Mar. 15, 2002. Redesignated at 74 FR 65011, Dec. 9, 2009] VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 01016 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 1007 Animal and Plant Health Inspection Service, USDA § 161.6 § 161.5 Program certifications. A program certification recognized by the Administrator may be granted to an accredited veterinarian in Cat egory II upon completion of an addi tional orientation or training program approved by APHIS that focuses on the specific area for which the veterinarian is seeking program certification. Vet erinarians accredited under Category I are not eligible to earn program cer tifications. Accredited veterinarians may elect to participate in a program certification on a voluntary basis. Par ticipants in these program certifi cations will be qualified in a particular area or specialty. In addition to Cat egory II training, qualification for a program certification will include addi tional specialized training, which may include periodic training updates. For certain program certifications, the cost of orientation or training may be borne by the accredited veterinarian. An accredited veterinarian granted a program certification will be referred to as a qualified accredited veteri narian or QAV. A QAV will be author ized to perform those accredited duties related to the program certification he or she has earned; accredited veterinar ians not granted program certifications will not be permitted to perform ac credited duties related to that par ticular program certification. If a QAV allows his or her Category II accredita tion to expire, the QAV’s program cer tification expires as well, and the QAV must be qualified for the program cer tification again in accordance with this section. [74 FR 65012, Dec. 9, 2009] § 161.6 Suspension or revocation of veterinary accreditation and re accreditation; criminal and civil penalties. (a) The Administrator is authorized to suspend for a given period of time, or to revoke, the accreditation of a vet erinarian when he or she determines that the accredited veterinarian has not complied with the ‘‘Standards for Accredited Veterinarian Duties’’ as set forth in § 161.4 of this part or with any of the other regulations in this sub chapter, or is otherwise found to be unfit to be accredited. Veterinarians who perform duties that only accred ited veterinarians are authorized to perform while their accredited status is suspended or revoked will be subject to such criminal and civil penalties as are provided by the Animal Health Protec tion Act (7 U.S.C. 8301 et seq.) or other applicable Federal statutes or regula tions. Performing accredited duties while accreditation status is suspended or revoked will be considered grounds for the Administrator to suspend ac creditation, revoke accreditation, or deny application for reaccreditation, as circumstances warrant. A veterinarian whose accreditation has been sus pended or revoked or whose application for reaccreditation has been denied may request a hearing under § 162.13 to challenge the Administrator’s decision. (b) Reinstatement after suspension. A veterinarian whose accreditation has been suspended for less than 6 months (other than a summary suspension that is changed to a revocation as a result of an adjudicatory proceeding) will be automatically reinstated as an accred ited veterinarian upon completion of the suspension. A veterinarian whose accreditation has been suspended for 6 months or more must complete a re accreditation orientation program in accordance with paragraph (c)(2)(ii) of this section before accreditation will be reinstated. (c) Reaccreditation after revocation. A veterinarian whose accreditation has been revoked may apply for reaccredi tation by completing an application for reaccreditation and submitting it to the Veterinarian-in-Charge of the State or area where he or she wishes to perform accredited work. The applica tion may be submitted when the rev ocation has been in effect for not less than 2 years, unless the revocation order specifies that the veterinarian whose accreditation has been revoked may not submit an application for re accreditation until the revocation has been in effect for a period of time longer than 2 years. (1) Completed applications for re accreditation received by a Veteri narian-in-Charge shall be reviewed by the State Animal Health Official for the State in which the veterinarian wishes to perform accredited duties. VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 01017 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 1008 9 CFR Ch. I (1–1–18 Edition) § 161.6 Within 14 days after receiving an appli cation, the State Animal Health Offi cial shall either endorse the applica tion or send a written statement to the Administrator explaining why it was not endorsed; but if the State Animal Health Official fails to take one of these actions within 14 days, the Vet erinarian-in-Charge shall proceed to re view the application. The Adminis trator will review the application and the written statement, if any, and de termine whether the applicant meets the requirements for reaccreditation contained in this part. (2) Once a veterinarian whose accred itation has been revoked has correctly applied for reaccreditation in accord ance with the requirements of para graph (c) of this section, the Adminis trator will determine whether to re accredit or to deny reaccreditation. This determination will be based on whether the veterinarian has fulfilled the following conditions: (i) The veterinarian is licensed or le gally able to practice veterinary medi cine in the State in which the veteri narian wishes to perform accredited duties; (ii) The veterinarian has completed a reaccreditation orientation program approved by the Veterinarian-in Charge for the State in which the vet erinarian wishes to perform accredited work, and upon completion of the ori entation, has signed a written state ment listing the date and place of ori entation, the subjects covered in the orientation, and any written materials provided to the veterinarian at the ori entation. The Veterinarian-in-Charge shall also give the State Animal Health Official an opportunity to review the contents of the reaccreditation ori entation, and invite him or her to par ticipate in developing orientation ma terials and conducting the orientation. The orientation program shall include topics addressing the subject areas which led to loss of accreditation for the applicant, and subject areas which have changed since the applicant lost accreditation; and (iii) The professional integrity and reputation of the applicant support a conclusion that the applicant will faithfully fulfill the duties of an ac credited veterinarian in the future. In making this conclusion, the Adminis trator shall review all available infor mation about the applicant, including recommendations of the State Animal Health Official, and shall consider: (A) Any criminal conviction records indicating that the applicant may lack the honesty, integrity, and reliability to appropriately and effectively per form accredited duties and to uphold the integrity of the National Veteri nary Accreditation Program; (B) Official records of the applicant’s actions participating in Federal, State, or local veterinary programs; (C) Judicial determinations in civil litigation adversely reflecting on the honesty, integrity, and reliability of the applicant; and (D) Any other evidence reflecting on the honesty, professional integrity, re liability and reputation of the appli cant. (3)(i) If a veterinarian is reaccredited under paragraph (c)(2) of this section, the veterinarian may begin performing accredited duties again upon receipt of notification from the Administrator that he or she is eligible to do so. (ii) If an application for reaccredita tion is denied under paragraph (c)(2) of this section, the veterinarian may apply for reaccreditation in accordance with this paragraph (c) not less than 2 years after the application was last de nied, unless the decision specifies that the veterinarian may not reapply for reaccreditation until a period of time longer than 2 years has passed. (d) Accreditation shall be automati cally terminated when an accredited veterinarian is not licensed or legally able to practice veterinary medicine in at least one State. (e) Accreditation shall be automati cally revoked when an accredited vet erinarian is convicted of a crime in ei ther State or Federal court, if such conviction is based on the performance or nonperformance of any act required of the veterinarian in his or her capac ity as an accredited veterinarian. (f) Any accredited veterinarian who knowingly issues or signs a false, in correct, or mislabeled animal health or inspection certificate, blood sample, of ficial brucellosis vaccination certifi cate, or official tuberculin test certifi cate in accordance with this chapter, VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 01018 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 1009 Animal and Plant Health Inspection Service, USDA § 162.11 shall be subject to such civil penalties and such criminal liabilities as are pro vided by 7 U.S.C. 8313, 18 U.S.C. 1001, or other applicable Federal statutes. Such action may be in addition to, or in lieu of, suspension or revocation of accred ited veterinarian status in accordance with this section. (g) Notice of warning. In lieu of sus pension or revocation, the Adminis trator is authorized to issue a written notice of warning to an accredited vet erinarian when the Administrator de termines a notice of warning will be adequate to attain compliance with the Standards for Accredited Veterinarian Duties in § 161.4 of this part. [57 FR 54912, Nov. 23, 1992, as amended at 68 FR 6346, Feb. 7, 2003. Redesignated and amended at 74 FR 65011, 65012, Dec. 9, 2009] § 161.7 Activities performed by non-ac credited veterinarians. (a) Full-time Federal (including mili tary) and State employed veterinarians are authorized to perform functions specified in subchapters B, C, and D of this chapter, pursuant to delegation of authority by the Administrator or co operative agreements, without specific accreditation under the provisions of this subchapter. (b) Except as provided by paragraph (a) of this section, anyone who per forms accredited veterinarian duties that he or she is not authorized to per form will be subject to such criminal and civil penalties as are provided by the Animal Health Protection Act (7 U.S.C. 8301 et seq.) or other applicable Federal statutes or regulations. Per forming accredited duties without hav ing been accredited will be considered grounds for the Administrator to deny an application for accreditation. [74 FR 65013, Dec. 9, 2009] PART 162—RULES OF PRACTICE GOVERNING REVOCATION OR SUSPENSION OF VETERINARIANS’ ACCREDITATION Subpart A—General Sec. 162.1 Scope and applicability of rules of practice. Subpart B—Supplemental Rules of Practice 162.10 Summary suspension or revocation of accreditation of veterinarians. 162.11 Notification. 162.12 Informal conference. 162.13 Formal complaint. AUTHORITY: 7 U.S.C. 8301–8317; 15 U.S.C. 1828; 7 CFR 2.22, 2.80, and 371.4. SOURCE: 57 FR 54915, Nov. 23, 1992, unless otherwise noted. Subpart A—General § 162.1 Scope and applicability of rules of practice. The Uniform Rules of Practice for the Department of Agriculture promul gated in subpart H of part 1, subtitle A, title 7, Code of Federal Regulations, are the Rules of Practice applicable to adjudicatory, administrative pro ceedings for the revocation or suspen sion of accreditation of veterinarians (9 CFR parts 160 and 161). In addition, the Supplemental Rules of Practice set forth in subpart B of this part shall be applicable to such proceedings. Subpart B—Supplemental Rules of Practice § 162.10 Summary suspension or rev ocation of accreditation of veteri narians. In any situation where the Adminis trator has reason to believe that any veterinarian accredited under the pro visions of parts 160 and 161 of this sub chapter has knowingly violated the Animal Health Protection Act (7 U.S.C. 8301 et seq.), the Administrator may summarily suspend the accreditation of such veterinarian pending final de termination in either a suspension or revocation proceeding, effective upon oral or written notification, whichever is earlier. In the event of oral notifica tion, a written confirmation thereof shall be given to such veterinarian as promptly as circumstances permit. [74 FR 65013, Dec. 9, 2009] § 162.11 Notification. The Veterinarian-in-Charge shall no tify an accredited veterinarian when there is reason to believe that the ac credited veterinarian has not complied with the ‘‘Standards for Accredited VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 01019 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B 1010 9 CFR Ch. I (1–1–18 Edition) § 162.12 Veterinarian Duties’’ as contained in § 161.4 of this subchapter. The notifica tion shall be in writing, with a copy to the State Animal Health Official, and shall include a statement of the basis for the belief that the accredited vet erinarian has failed to comply with the Standards and shall notify the accred ited veterinarian if the Veterinarian in-Charge has arranged to hold an in formal conference to discuss the mat ter. [57 FR 54915, Nov. 23, 1992, as amended at 75 FR 57658, Sept. 22, 2010] § 162.12 Informal conference. (a) The Veterinarian-in-Charge, in consultation with the State Animal Health Official and the accredited vet erinarian, shall designate the time and place for the holding of an informal conference to review the matter, unless the Veterinarian-in-Charge determines that an informal conference is inappro priate. An informal conference is inap propriate only if the Veterinarian-in Charge decides to dismiss the case based on available facts, or if civil or criminal charges based on the actions or inactions believed to be in violation of the ‘‘Standards for Accredited Vet erinarian Duties’’ contained in § 161.4 of this subchapter are pending against the accredited veterinarian. An informal conference shall include the Veteri narian-in-Charge or his or her rep resentative, the accredited veteri narian, and any other persons the Vet erinarian-in-Charge requests to attend due to their involvement in or knowl edge of the possible violation. The State Animal Health Official will be in vited to attend each informal con ference held regarding activities in his or her State. (b) If prior to, during, or after the in formal conference, but prior to the issuance of a formal complaint, the ac credited veterinarian is found not to have violated the regulations, the Vet erinarian-in-Charge will issue a letter dismissing the case, and provide a copy of the letter to the accredited veteri narian and to the State Animal Health Official. Prior to, during, or after the informal conference, the Veterinarian in-Charge may issue a letter identi fying actions of the accredited veteri narian that were minor violations of the Standards, instructing the accred ited veterinarian in proper procedures, and admonishing the accredited veteri narian to use greater care in per forming these procedures in the future. (c) Prior to, during, or at the conclu sion of the informal conference, the Veterinarian-in-Charge may issue a written warning to the accredited vet erinarian without further procedure after determining that a warning with appropriate instructions will be ade quate to attain compliance with the Standards. (d) If prior to, during, or at the con clusion of, the informal conference, the accredited veterinarian consents, in writing, to the issuance of an order re voking or suspending his or her accred itation for a specified period of time, in lieu of further procedure, the Veteri narian-in-Charge may issue such a con sent order without further procedure. [57 FR 54915, Nov. 23, 1992; 57 FR 60086, Dec. 18, 1992, as amended at 74 FR 65013, Dec. 9, 2009; 75 FR 57659, Sept. 22, 2010] § 162.13 Formal complaint. If a consent order has not been issued, or if, after an informal con ference, the Veterinarian-in-Charge has not issued a letter of dismissal or letter of warning to the accredited vet erinarian, a formal complaint may be issued by the Administrator in accord ance with § 1.135 of the Uniform Rules of Practice (7 CFR 1.135). VerDate Sep<11>2014 13:56 Feb 14, 2018 Jkt 244028 PO 00000 Frm 01020 Fmt 8010 Sfmt 8010 Q:\09\9V1.TXT 31kp a yn e o n D S K 5 4 D X V N 1 O F R w ith $ $ JO B