Legislative News

URGENT!
Your Help Is Needed Immediately

You need to contact your state Senator and Representative immediately, even if you have already, and ask them to vote "no" on any legislation that removes authority for the Kansas Board of Veterinary Examiners to conduct its own administrative hearings.

This fundamental change in regulatory policy was rejected by the Senate last Friday when it sent Sub. H.B 2618 back to the Senate Judiciary Committee. Ask them to vote "no" on any attempts to revive Sub. H.B 2618 or insert its provisions into another bill.

The bill currently strips away regulatory and policy authority from the Kansas Board of Veterinary Examiners, the very officials who are accountable for regulating veterinary medicine in Kansas. The Board would have to hire Kansas Dept. of Administration hearing officers for hearings, conferences, and routine motions, dramatically increasing the Board's operating costs.

The current use of experts as hearing officers by the Board provides an efficient and just forum for resolving cases. It is far more efficient to use these experts for hearings than to require both parties to spend time and money to present expert or foundational testimony to educate independent hearing officers on the technical and scientific aspects of veterinary medicine.

All of these increased costs to the Board will result in increased licensing fees for veterinarians and could ultimately increase charges to veterinary clients.

CONTACT YOUR STATE SENATOR AND REPRESENTATIVE IMMEDIATELY

Please contact your Kansas Senator and Representative, even if you have already and ask them to vote "no" on any attempts to revive Sub. H.B 2618 or insert its provisions into another bill.

The KVMA really needs your help. Please take the following steps immediately.

1. Contact your Senator and Representative immediately, even if you have already, and ask them to vote "no" on any attempts to revive Substitute H.B. 2618 or insert its provisions into another bill.

2. Contact your Senator and Representative by telephone, e-mail, or regular mail.

3. Ask them to vote "no" on any attempts to revive Sub. H.B. 2618 or insert its provisions into another bill.

4. Let the KVMA know who you contacted and how they responded.

Your Senator's Name: _______________________________________________________

Comments: _______________________________________________________________

5. Here are examples of why the Kansas Board of Veterinary Examiners should continue to have the option of conducting its own administrative hearings.

Reasons Why The Kansas Board of Veterinary Examiners Should Have the Option to Conduct Its Own Administrative Hearings

* The increased cost of hiring hearing officers and expert witnesses will dramatically increase the operating budget of the Kansas Board of Veterinary Examiners and subsequently escalate licensing fees for veterinarians and possibly charges passed on to veterinary clients.

* The cost to retain a Kansas Dept. of Administration hearing officer is $70 an hour. Kansas Board of Veterinary Examiners members receive $35 a day for conducting hearings.

* The Kansas Board of Veterinary Examiners will have to retain expert witnesses to testify before an adjudicative hearing officer in any proceeding involving a determination of the standard of veterinary care.

* The current widely accepted view that licensing boards do not need expert witnesses will no longer apply as adjudicative hearing officers will not be veterinarians, dentists, physicians, etc.

* There will be delays in reaching a final conclusion to disciplinary proceedings.

* The amount of hearing time available to the Board of Veterinary Examiners for a disciplinary hearing could be noticeably less before a presiding hearing officer who will also be handling multiple hearings involving other professionals.

* Veterinarians are fearful that, since the Kansas Dept. of Administration will have a limited number of hearing officers, veterinary medicine disciplinary proceedings may not be handled with the same priority as hearings dealing with, for example, human health care professionals.

* Not every licensing board has a hearing officer that can be transferred to the Office of Administrative Hearings and there will not be sufficient personnel to handle all of the proceedings that will be needed to be heard.

* Given the added layer for disciplinary proceedings, then review by the agency and possibly by a district court and potentially the Court of Appeals and the Supreme Court, veterinarians could find that the amount of coverage provided by AVMA insurance was easily exhausted long before the action comes to a conclusion.

* The American Association of State Veterinary Boards has noticed that veterinarians are less lenient in conducting hearings than non veterinarians because veterinarians become personally and passionately engaged in the cases.

 

 
 
 
 
 
 
 
 
     
 
 

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