in-20251217-IR-888250432SNA: FEES; FINES; CIVIL PENALTIES; CONTINUING EDUCATION

TITLE 888 INDIANA BOARD OF VETERINARY MEDICINE Notice of Second Public Comment Period LSA Document #25-432 FEES; FINES; CIVIL PENALTIES; CONTINUING EDUCATION PURPOSE OF NOTICE The Indiana Board of Veterinary Medicine (BVM) is soliciting public comment on adding, amending, and repealing rules at 888 IAC 1.1-3 and 888 IAC 1.1-10 concerning governing fees, fines, civil penalties, and continuing education requirements. BVM seeks comment on the affected citations listed and any other provisions of Title 888 that may be affected by this rulemaking. HISTORY Notice of First Public Comment Period: 20250903-IR-888250432FNA Regulatory Analysis submitted with Notice of First Public Comment Period: 20250903-IR-888250432RAA Date of First Hearing: October 23, 2025 ADDITIONAL DOCUMENTS Regulatory Analysis: No changes were made to the Regulatory Analysis published with the Notice of First Public Comment Period. Notice of Public Hearing: 20251217-IR-888250432PHA CITATIONS AFFECTED: 888 IAC 1.1-3-2; 888 IAC 1.1-3-3; 888 IAC 1.1-3-4; 888 IAC 1.1-3-5; 888 IAC 1.1-3-6; 888 IAC 1.1-10 AUTHORITY: IC 25-1-4-8; IC 25-1-8-2; IC 25-1-9-9; IC 25-38.1-2-11; IC 25-38.1-2-23 OVERVIEW Basic Purpose and Background The genesis for the fees, fines, and civil penalties component of the proposed rule is to align with new requirements in state law. IC 4-22-2-19.6. A fee schedule already exists under 888 IAC 1.1-3. The proposed rule will modify the existing fee structure and add previously unenumerated fees related to the renewal of veterinarian licenses and veterinary technician registrations that have lapsed, under IC 25-38.1-3, the Veterinary Practice Act, IC 25-1-8-2, and IC 25-1-8-6. The proposed rule will set forth a baseline for fines imposed as a disciplinary sanction by BVM as authorized under IC 25-38.1-2-23 and IC 25-1-9-9. The proposed rule will also set forth a baseline for previously unenumerated civil penalties under IC 25-1-4-5 and IC 25-1-4-6. Further, the proposed rule will establish mitigating and aggravating factors that BVM will use when setting a specific dollar amount in any individual fine or civil penalty, so that a review of an agency action under IC 4-21.5 or a comparable process can evaluate with enough certainty whether the amount was reasonable. The proposed rule also clarifies continuing education (CE) requirements for veterinarians and registered veterinary technicians in areas including CE hours for new graduates, activities that qualify for CE, and what a CE audit entails. There will be no new impacted parties because of the proposed rule. The proposed rule adopts fees, fines, and civil penalties already being assessed by BVM and will apply to all licensed veterinarians and registered veterinary technicians. There are 2,950 licensed veterinarians and 2,226 registered veterinary technicians in Indiana as of May 15, 2025. For purposes of IC 4-22-2-28.1, small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator: For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-6 is: Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-6, specifically IC 5-28-17-6(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator. SUMMARY/RESPONSE TO COMMENTS BVM requested public comment from September 3, 2025, through October 3, 2025, and during the public hearing on October 23, 2025. The comments received and the board's responses to the comments are summarized as follows: The board received comments from the Indiana Veterinary Technician Association. Comment: Commenter expressed concern over the use of the term “manner” related to continuing education programs in 888 IAC 1.1-10-5. Specifically, the commenter requested a definition of the term to avoid ambiguity. Response: Upon review of proposed rule 10, the term “manner” only appears in 888 IAC 1.1-10-2(a) and 10-6(b). In 888 IAC 1.1-10-2(a), the proposed rule replaces current language “on a form” with “in a manner” provided by the board. The current language implies that the board will provide a physical form for this purpose. The proposed language contemplates procedures other than a physical form, such as the current practice of electronic renewals and CE certifications. In 888 IAC 1.1-10-6(b), the proposed rule requires the board to provide avenues for licensees to submit CE information for audits. The options for submitting documentation will be provided by the board at the time of notification of the audit and could change over time as technology and methods of communication change. The board determined that the proposed rule should remain as written. Comment: Commenter expressed concern about the “absence of procedural safeguards” with respect to continuing education program delivery. Specifically, the commenter is concerned that the board could change the method of program delivery without rulemaking or public comment. Response: Rulemaking is required to achieve the aims of the authorizing statutes. Any future changes to the method of delivery for continuing education would go through the rulemaking process, including a public comment period and public hearing. REQUEST FOR PUBLIC COMMENT BVM is soliciting public comment on the proposed rule. Comments may be submitted in one of the following ways: COMMENT PERIOD DEADLINE All comments must be postmarked or time stamped not later than January 16, 2026. The rule, Regulatory Analysis, appendices referenced in the Regulatory Analysis, and materials incorporated by reference (if applicable) are on file at the Indiana State Board of Animal Health, 1202 East 38th Street, Discovery Hall, Suite 100, Indianapolis, Indiana and are available for public inspection. Copies of the rule, Regulatory Analysis, and appendices referenced in the Regulatory Analysis are available at the Indiana State Board of Animal Health office. This notice is the second of two (2) thirty (30) day periods in which the public may comment on the proposed rule. Following this second public comment period, BVM may adopt a version of the proposed rule that is the same as or does not substantially differ from the text of the proposed rule published in this notice. EXPLANATION OF DIFFERENCES IN PROPOSED RULE There are no substantive differences between the proposed rule in this document and the proposed rule published in the Notice of First Public Comment Period. PROPOSED RULE Sec. 4. (a) The following fees apply as follows: (b) Verification of licensure or registration is ten dollars ($10) and may be subject to regular transaction fees. Sec. 5. (a) Disciplinary fines levied by the board under IC 25-1-9-9 are set at fifty percent (50%) of the statutory maximum. If no statutory maximum is set, the fine is set at one thousand dollars ($1,000). (b) A fine levied under subsection (a) may be reduced or increased after consideration of the mitigating factors identified in subsection (c) and aggravating factors identified in subsection (d). (c) Mitigating factors include the following: (d) Aggravating factors include the following: Sec. 6. (a) The schedule of civil penalties for violations of IC 25-1-4, and the rules adopted under these laws, are as follows: Legal Citation General Description of Violation Range of Penalties IC 25-1-4-5(b)(2) IC 25-1-4-6 Failure to comply with continuing education requirements $0 - $1,000 IC 25-1-4-5(d) Knowingly or intentionally making a false or misleading statement to the board concerning compliance with continuing education requirements $0 - $5,000 (b) In determining whether to assess a civil penalty, or the amount of a civil penalty, the board shall consider: (c) The board shall consider the following mitigating factors when assessing a civil penalty and may adjust the amount of the civil penalty downward: (d) The board shall consider the following aggravating factors when assessing a civil penalty and may adjust the amount of the civil penalty upward: Sec. 1. (a) A veterinarian licensed in Indiana is required to Licensed veterinarians shall complete forty (40) clock hours of continuing education (CE) in the area of veterinary medicine, as set forth in section 5 of this rule, for biennial license renewal on by October 15 of each odd-numbered year. (b) A Registered veterinary technician is required to technicians shall complete sixteen (16) clock hours of continuing education CE in the area of veterinary medicine, as set forth in section 5 of this rule, for biennial registration renewal of a registration on by January 1 of each even-numbered year. (c) A licensed veterinarian or registered veterinary technician is not required to complete continuing education the CE requirements set forth in this rule for the year in which first renewal after the initial license licensure or registration. is issued (d) Continuing education clock CE hours must be obtained within during the biennial renewal period and may not be carried over from one (1) renewal period to another. (e) A veterinarian or registered veterinary technician who serves as an instructor, a speaker, or a discussion leader of an approved provider is allowed CE course credit for actual presentation time, plus actual preparation time of up to two (2) hours for each hour of presentation. Time is not allowed for repetitious presentations of the same course. (f) CE credit will be allowed for actual authorship of peer-reviewed articles or books, provided the subject matter of the articles or books complies with this section. Up to five (5) CE hours will be allowed for actual time spent writing or researching for each article or book. (g) Licensed veterinarians and registered veterinary technicians meet the CE requirements in this rule if, during the preceding biennium, they were actively enrolled in: (h) Licensed veterinarians and registered veterinary technicians participating in an internship program may apply for CE credit as outlined in section 5 of this rule. (i) CE hours required by disciplinary order may not be used to satisfy renewal requirements unless approved by the board. (j) CE hours used to satisfy CE requirements of another state may be applied toward the fulfillment of the CE hours required in Indiana. Sec. 2. (a) A Licensed veterinarian veterinarians and a registered veterinary technician must technicians shall certify completion of continuing education (CE) required by section 1 of this rule at the time of license or registration renewal on a form in a manner provided by the health professions bureau board. (b) A Licensed veterinarian veterinarians and a registered veterinary technician must technicians shall retain a record of continuing education CE required by section 1 of this rule for four (4) three (3) years following after the end of the biennium licensing period for which the CE applied. (c) It is the responsibility of the veterinarian or registered veterinary technician to verify that courses attended have been approved by the board. Without approval, as provided in section 3 5 of this rule, credit will not be given. (d) The board will not renew a license of a veterinarian or a registration of a veterinary technician who fails to comply with this rule. (e) Continuing education clock hours used to satisfy continuing education requirements of another state may be applied toward the fulfillment of the continuing education clock hours required in Indiana. Sec. 5. (a) An individual or organization seeking continuing education (CE) course approval shall submit an application provided by the board. As a condition to the approval of courses, a sponsoring organization shall agree to provide participants with a record of attendance and to retain those records for four (4) years after the date of the course. (b) The board will approve a course if it determines that the course will make a significant contribution to the professional competence of veterinarians and registered veterinary technicians who enroll. In determining if a course meets this standard, the board will consider whether the following requirements are met: (c) CE programs for veterinarians and registered veterinary technicians sponsored by the following organizations are considered approved without additional approval by the board: (d) An individual or organization seeking CE approval for an internship shall submit an application provided by the board. The applicant will be required to provide evidence that the internship meets the qualifications in subsection (e) or (f). (e) To qualify for CE credit, the veterinarian internship must be as follows: (f) To qualify for CE credit, the veterinary technician internship must be as follows: (g) The hours earned from approved CE courses are fully accepted, regardless of the delivery method or ability to interact with the presenter. Sec. 6. (a) After each biennial renewal period, the board may randomly audit veterinarians and registered veterinary technicians for compliance with the continuing education (CE) requirements set forth in sections 1 and 2 of this rule. (b) Licensees selected for audit shall provide documentation of compliance with the CE requirements set forth in section 1 of this rule in a manner prescribed by the board. (c) Documentation of completed CE programs must contain the: Copies of program booklets, handouts, hotel receipts, or canceled checks are not acceptable proof of completion. (d) CE audits will be conducted in accordance with IC 25-1-4. (e) Noncompliance with the CE requirements may result in sanctions under IC 25-1-4. (f) CE completed to achieve compliance with the audit will not be counted as continuing education hours for the next biennial renewal period. (g) The board may grant a hardship waiver as allowed under IC 25-1-4-4. (h) Individuals seeking a waiver under this rule shall provide evidence that they qualify for the waiver. (i) Individuals seeking a waiver under this rule may be required to appear before the board.