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.