[Federal Register Volume 59, Number 53 (Friday, March 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6185]
[[Page Unknown]]
[Federal Register: March 18, 1994]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 160
[Docket No. 93-033-1]
Veterinary Accreditation
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the regulations concerning Federal
accreditation of veterinarians to add a definition of ``sign.'' Adding
this definition would clarify that accredited veterinarians are
prohibited from authorizing other persons to sign certain official
documents. We believe this change is necessary to maintain the
integrity of our veterinary accreditation program.
DATES: Consideration will be given only to comments received on or
before May 17, 1994.
ADDRESSES: Please send an original and three copies of your comments to
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please
state that your comments refer to Docket No. 93-033-1. Comments
received may be inspected at USDA, room 1141, South Building, 14th
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and
4:30 p.m., Monday through Friday, except holidays. Persons wishing to
inspect comments are encouraged to call ahead on (202) 690-2817 to
facilitate entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT: Dr. J. A. Heamon, Staff Veterinarian,
Sheep, Goat, Equine, and Poultry Diseases Staff, Veterinary Services,
APHIS, USDA, room 700, Federal Building, 6505 Belcrest Road,
Hyattsville, MD 20782, (301) 436-6954.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR parts 160, 161, and 162 pertain to the
Animal and Plant Health Inspection Service's (APHIS) veterinary
accreditation program. Through this program, APHIS authorizes
veterinarians in private practice to perform certain official services
and duties on behalf of APHIS Veterinary Services officials. These
responsibilities include such activities as examining livestock for
clinical signs of disease, vaccinating animals for brucellosis, drawing
and shipping blood for testing, and preparing health certificates
required for domestic or international movement.
Section 161.3 (hereafter referred to as the regulations) sets forth
the standards for accredited veterinarian duties. The regulations cover
several requirements and prohibitions regarding the preparation of
official forms, certificates, records and reports. The regulations use
the term ``sign.'' As used in the regulations, ``sign'' means that an
accredited veterinarian signs a document, in his or her own hand.
However, ``sign'' is not defined in the regulations. This has led to
some confusion concerning the signature requirements.
It has always been APHIS's policy that only accredited
veterinarians may sign official documents. Accredited veterinarians may
not authorize other persons, through power of attorney or other means,
to sign official documents for them; neither may accredited
veterinarians use signature stamps or other mechanical devices to sign
official documents.
For several reasons, we believe it is crucial for accredited
veterinarians themselves to personally sign official documents. Perhaps
the most important reason is the need to maintain the credibility of
the veterinary accreditation program with foreign animal health
officials. The regulations authorize accredited veterinarians to
prepare health certificates for livestock destined for exportation; the
regulations do not authorize any other individuals to prepare export
health certificates. If we allow accredited veterinarians to delegate
authority to other persons to sign export health certificates, foreign
animal health officials could lose confidence in the integrity of the
veterinary accreditation program. This, in turn, could result in the
loss of export markets for U.S. livestock.
Therefore, to clarify the regulations, we are proposing to amend 9
CFR part 160 to add a definition of ``sign.'' The proposed definition
would clarify that accredited veterinarians may not delegate authority
to sign documents, whether through a power of attorney or other means.
The proposed definition would also clarify that signature stamps or
other mechanical devices may not be used to sign documents in lieu of
an accredited veterinarian's hand-inscribed signature.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
This proposed rule would merely clarify that accredited
veterinarians must sign official document in their own hand. We do not
anticipate that this proposed rule would have any economic effect
whatsoever.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12778
This proposed rule has been reviewed under Executive Order 12778,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are in conflict with this rule will
be preempted; (2) no retroactive effect will be given to this rule; and
(3) administrative proceedings will not be required before parties may
file suit in court challenging this rule.
Paperwork Reduction Act
This proposed rule contains no information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1980
(44 U.S.C. 3501 et seq.).
List of Subjects in 9 CFR Part 160
Veterinarians.
Accordingly, 9 CFR part 160 would be amended as follows:
PART 160--DEFINITION OF TERMS
1. The authority citation for part 160 would continue to read as
follows:
Authority: 15 U.S.C. 1828; 21 U.S.C. 105, 111-114, 114a, 114a-1,
115, 116, 120, 121, 125, 134b, 134f, 612, and 613; 7 CFR 2.17, 2.51,
and 371.2(d).
2. Section 160.1 would be amended to add the following definition,
in alphabetical order:
Sec. 160.1 Definitions.
* * * * *
Sign. For an accredited veterinarian, to put his or her signature
in his or her own hand on a certificate, form, record or report. No
certificate, form, record or report is signed if:
(1) Someone other than the accredited veterinarian has signed it on
behalf of or in the name of the accredited veterinarian, regardless of
the authority granted them by the accredited veterinarian; or
(2) if any mechanical device has been used to affix the signature.
* * * * *
Done in Washington, DC, this 11th day of March 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-6185 Filed 3-17-94; 8:45 am]
BILLING CODE 3410-34-P
