Part 4.
TEXAS COSMETOLOGY COMMISSION
Chapter 83.
SANITARY RULINGS
22 TAC §83.14
The Texas Cosmetology Commission adopts an amendment to §83.14,
concerning Disinfection Practices and Procedures, without changes to the proposal
published in the May 14, 2004, issue of the
Texas
Register
(29 TexReg 4715). The text of the rule will not be republished.
The adopted amendment adds new subsection (j) which specifies the procedure
and frequency with which a licensed cosmetologist or manicurist must disinfect
a "whirlpool footspa" or "spa." The amendment is adopted as a result of a
need to protect the public from potential infection due to use of an improperly
sanitized "whirlpool footspa" or "spa."
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Occupations Code, Chapter
1602, §1602.151, which provides the commission with the authority to
"adopt rules consistent with this chapter" to protect the public's health
and safety.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 28, 2004.
TRD-200404270
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Effective date: July 18, 2004
Proposal publication date: May 14, 2004
For further information, please call: (512) 380-7644
22 TAC §89.15
The Texas Cosmetology Commission adopts an amendment to §89.15,
concerning Definitions of License Authorizations, without changes to the proposal
published in the May 14, 2004, issue of the
Texas
Register
(29 TexReg 4717). The text of the rule will not be republished.
The adopted amendment adds new subsection (l) concerning apprenticeship permits
for shampoo technicians. Subsection (l) specifies that the commission as of
January 1, 2004, may issue a Shampoo Apprentice Permit to an applicant who
is at least 16 years of age. The amendment is adopted as a result of House
Bill 653, Shampoo Apprentice Permit enacted by the 78th Texas Legislature.
No comments were received regarding adoption of the amendment.
The amendment is adopted under Texas Occupations Code, Chapter
1602, §1602.151, which provides the commission with the authority to
"adopt rules consistent with this chapter" to protect the public's health
and safety.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 28, 2004.
TRD-200404274
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Effective date: July 18, 2004
Proposal publication date: May 14, 2004
For further information, please call: (512) 380-7644
Chapter 571.
LICENSING
Subchapter A. EXAMINATION
22 TAC §571.3
The Texas Board of Veterinary Medical Examiners ("Board")
adopts amendments to §571.3 concerning Eligibility for Examination and
Licensure without changes to the proposed text as published in the March 12,
2004, issue of the
Texas Register
(29 TexReg
2538). This section contains the Board's requirements for persons seeking
a veterinary license in Texas. The amendments reflect changing requirements
for taking the North American Veterinary Licensing Examination (NAVLE). These
requirements are set by the National Board of Veterinary Medical Examiners
(NBVME) and are reflected in this section. The main focus of the amendments
is to clearly distinguish the requirements for taking the NAVLE for persons
enrolled in accredited schools of veterinary medicine as opposed to persons
who are graduates of non-accredited schools of veterinary medicine. These
amendments should eliminate some confusion that has existed for some applicants
for licensing. The amendments also set out the requirements for candidates
who do not appear for scheduled examinations or who fail to attain a passing
grade on the SBE or NAVLE.
No comments were received concerning this section.
The amended section is adopted under the authority of the Occupations
Code, §801.151(a) which authorizes the Board to adopt rules necessary
to administer the Veterinary Licensing Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 22, 2004.
TRD-200404146
Julie A. Barker
Executive Assistant
Texas Board of Veterinary Medical Examiners
Effective date: July 12, 2004
Proposal publication date: March 12, 2004
For further information, please call: (512) 305-7555
Subchapter G. OTHER PROVISIONS
22 TAC §573.67
The Texas Board of Veterinary Medical Examiners ("Board")
adopts amendments to §573.67 concerning Temporary License Suspensions
without changes to the proposed text as published in the
Texas Register
on March 12, 2004 (29 TexReg 2539). This amended section
sets out procedures that the Board utilizes in temporarily suspending the
license of a veterinarian where the licensee's continued practice of veterinary
medicine constitutes a continuing or imminent threat to the public welfare.
An executive disciplinary committee of the Board is formed and meets to receive
information on the licensee's activities and then determines whether a temporary
license suspension is justified. A follow-up informal conference is held,
after notice to the licensee. The amended section specifies the actions that
the enforcement committee may take following the informal conference. The
section has been completely re-written to specify the steps and actions that
the committee and Board may take in instituting a temporary license suspension.
No comments were received concerning this section.
The amended section is adopted under the authority of the Occupations
Code, §801.151(a) which authorizes the Board to adopt rules necessary
to administer the Veterinary Licensing Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 22, 2004.
TRD-200404147
Julie A. Barker
Executive Assistant
Texas Board of Veterinary Medical Examiners
Effective date: July 12, 2004
Proposal publication date: March 12, 2004
For further information, please call: (512) 305-7555
22 TAC §575.12
The Texas Board of Veterinary Medical Examiners ("Board")
adopts the repeal of §575.12 concerning Presiding Officer, Oath, Imposing
the Rule, without changes to the proposal as published in the March 12, 2004,
issue of the
Texas Register
(29 TexReg 2541).
This section was originally written to govern contested matters before the
Board. These types of matters are now heard before the State Office of Administrative
Hearings which has its own rules for conducting hearings. This section is
adopted for repeal because it is no longer necessary in the conduct of Board
business.
No comments were received concerning this section.
The repeal is adopted under the authority of the Occupations
Code, §801.151(a) which authorizes the Board to adopt rules necessary
to administer the Veterinary Licensing Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 22, 2004.
TRD-200404148
Julie A. Barker
Executive Assistant
Texas Board of Veterinary Medical Examiners
Effective date: July 12, 2004
Proposal publication date: March 12, 2004
For further information, please call: (512) 305-7555
22 TAC §575.13
The Texas Board of Veterinary Medical Examiners ("Board")
adopts the repeal of §575.13 concerning Reporters and Transcript without
changes to the proposal as published in the March 12, 2004, issue of the
No comments were received concerning this section.
The repeal is adopted under the authority of the Occupations
Code, §801.151(a) which authorizes the Board to adopt rules necessary
to administer the Veterinary Licensing Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 22, 2004.
TRD-200404149
Julie A. Barker
Executive Assistant
Texas Board of Veterinary Medical Examiners
Effective date: July 12, 2004
Proposal publication date: March 12, 2004
For further information, please call: (512) 305-7555
22 TAC §575.14
The Texas Board of Veterinary Medical Examiners ("Board")
adopts the repeal of §575.14 concerning Rules of Evidence without changes
to the proposal as published in the March 12, 2004, issue of the
Texas Register
(29 TexReg 2542). This section was originally written
to govern contested matters before the Board. These types of matters are now
heard before the State Office of Administrative Hearings which has its own
rules for conducting hearings. This section is adopted for repeal because
it is no longer necessary in the conduct of Board business.
No comments were received concerning this section.
The repeal is adopted under the authority of the Occupations
Code, §801.151(a) which authorizes the Board to adopt rules necessary
to administer the Veterinary Licensing Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 22, 2004.
TRD-200404152
Julie A. Barker
Executive Assistant
Texas Board of Veterinary Medical Examiners
Effective date: July 12, 2004
Proposal publication date: March 12, 2004
For further information, please call: (512) 305-7555
22 TAC §575.15
The Texas Board of Veterinary Medical Examiners ("Board")
adopts the repeal of §575.15 concerning Documentary Evidence and Official
Notice without changes to the proposal as published in the March 12, 2004,
issue of the
Texas Register
(29 TexReg 2542).
This section was originally written to govern contested matters before the
Board. These types of matters are now heard before the State Office of Administrative
Hearings which has its own rules for conducting hearings. This section is
adopted for repeal because it is no longer necessary in the conduct of Board
business.
No comments were received concerning this section.
The repeal is adopted under the authority of the Occupations
Code, §801.151(a) which authorizes the Board to adopt rules necessary
to administer the Veterinary Licensing Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 22, 2004.
TRD-200404151
Julie A. Barker
Executive Assistant
Texas Board of Veterinary Medical Examiners
Effective date: July 12, 2004
Proposal publication date: March 12, 2004
For further information, please call: (512) 305-7555
22 TAC §575.16
The Texas Board of Veterinary Medical Examiners ("Board")
adopts the repeal of §575.16 concerning Limitations on Number of Witnesses
without changes to the proposal as published in the March 12, 2004 issue of
the
Texas Register
(29 TexReg 2542). This
section was originally written to govern contested matters before the Board.
These types of matters are now heard before the State Office of Administrative
Hearings which has its own rules for conducting hearings. This section is
adopted for repeal because it is no longer necessary in the conduct of Board
business.
No comments were received concerning this section.
The repeal is adopted under the authority of the Occupations
Code, §801.151(a) which authorizes the Board to adopt rules necessary
to administer the Veterinary Licensing Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 22, 2004.
TRD-200404150
Julie A. Barker
Executive Assistant
Texas Board of Veterinary Medical Examiners
Effective date: July 12, 2004
Proposal publication date: March 12, 2004
For further information, please call: (512) 305-7555
22 TAC §575.17
The Texas Board of Veterinary Medical Examiners ("Board")
adopts the repeal of §575.17 concerning Depositions without changes to
the proposal as published in the March 12, 2004 issue of the
Texas Register
(29 TexReg 2543). This section was originally written
to govern contested matters before the Board. These types of matters are now
heard before the State Office of Administrative Hearings which has its own
rules for conducting hearings. This section is adopted for repeal because
it is no longer necessary in the conduct of Board business.
No comments were received concerning this section.
The repeal is adopted under the authority of the Occupations
Code, §801.151(a) which authorizes the Board to adopt rules necessary
to administer the Veterinary Licensing Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 22, 2004.
TRD-200404153
Julie A. Barker
Executive Assistant
Texas Board of Veterinary Medical Examiners
Effective date: July 12, 2004
Proposal publication date: March 12, 2004
For further information, please call: (512) 305-7555
22 TAC §575.18
The Texas Board of Veterinary Medical Examiners ("Board")
adopts the repeal of §575.18 concerning Administrative Finality without
changes to the proposal as published in the March 12, 2004 issue of the
No comments were received concerning this section.
The repeal is adopted under the authority of the Occupations
Code, §801.151(a) which authorizes the Board to adopt rules necessary
to administer the Veterinary Licensing Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 22, 2004.
TRD-200404154
Julie A. Barker
Executive Assistant
Texas Board of Veterinary Medical Examiners
Effective date: July 12, 2004
Proposal publication date: March 12, 2004
For further information, please call: (512) 305-7555
22 TAC §575.19
The Texas Board of Veterinary Medical Examiners ("Board")
adopts the repeal of §575.19, concerning Motions for Rehearing without
changes to the proposal as published in the March 12, 2004, issue of the
No comments were received concerning this section.
The repeal is adopted under the authority of the Occupations
Code, §801.151(a) which authorizes the Board to adopt rules necessary
to administer the Veterinary Licensing Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 22, 2004.
TRD-200404155
Julie A. Barker
Executive Assistant
Texas Board of Veterinary Medical Examiners
Effective date: July 12, 2004
Proposal publication date: March 12, 2004
For further information, please call: (512) 305-7555
22 TAC §575.20
The Texas Board of Veterinary Medical Examiners ("Board")
adopts the repeal of §575.20, concerning Subpoena Fees and Expenses of
Witnesses without changes to the proposal as published in the March 12, 2004,
issue of the
Texas Register
(29 TexReg 2544).
This repeal is adopted because the subject matter of this section has been
included in a new §575.5 adopted by the Board.
No comments were received concerning this section.
The repeal is adopted under the authority of the Occupations
Code, §801.151(a) which authorizes the Board to adopt rules necessary
to administer the Veterinary Licensing Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 22, 2004.
TRD-200404156
Julie A. Barker
Executive Assistant
Texas Board of Veterinary Medical Examiners
Effective date: July 12, 2004
Proposal publication date: March 12, 2004
For further information, please call: (512) 305-7555
22 TAC §575.21
The Texas Board of Veterinary Medical Examiners ("Board")
adopts the repeal of §575.21, concerning Administrative Penalties without
changes to the proposal as published in the March 12, 2004, issue of the
No comments were received concerning this section.
The repeal is adopted under the authority of the Occupations
Code, §801.151(a) which authorizes the Board to adopt rules necessary
to administer the Veterinary Licensing Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 22, 2004.
TRD-200404157
Julie A. Barker
Executive Assistant
Texas Board of Veterinary Medical Examiners
Effective date: July 12, 2004
Proposal publication date: March 12, 2004
For further information, please call: (512) 305-7555
22 TAC §575.22
The Texas Board of Veterinary Medical Examiners ("Board")
adopts amendments to §575.22, concerning Reinstatement of Veterinary
Licenses with changes to the proposed text as published in the March 12, 2004,
issue of the
Texas Register
(29 TexReg 2545).
This section contains the requirements for persons who have had their veterinary
licenses revoked or cancelled to request reinstatement of their licenses.
The amendments to the section are non-substantive changes designed to clarify
and make the section more readable. For example, the word "applicant" is changed
to "petitioner" to denote the correct designation for one who petitions the
Board for reinstatement. Several additional references to "applicant" that
were not noted in the proposed text have been corrected.
No comments were received concerning this section.
The amendment is adopted under the authority of the Occupations
Code, §801.151(a) which authorizes the Board to adopt rules necessary
to administer the Veterinary Licensing Act.
§575.22.Reinstatement of Veterinary Licenses.
(a)
A person whose license to practice veterinary medicine
has been cancelled or revoked, whether by voluntary action or by disciplinary
action of the Board, may after five (5) years from the effective date of such
cancellation or revocation, petition the Board for reinstatement of the license,
unless another time is provided in the cancellation or revocation order, or
unless no provision was made in the order for reinstatement. This rule does
not apply to licensees who let their licenses lapse for non-payment of renewal
fees or licensees against whom a cancellation or revocation proceeding is
not pending before the Board or in any other jurisdiction.
(b)
The petition shall be in writing and in the form prescribed
by the Board.
(c)
The Board may grant or deny the petition. If the petition
is denied by the Board, a subsequent petition may not be considered by the
Board until twelve (12) months have lapsed from the date of denial of the
previous petition.
(d)
The petitioner or his legal representative must appear
before the Board to present the request for reinstatement of the license.
(e)
The petitioner shall have the burden of showing good cause
why the license should be reinstated.
(f)
In considering a petition for reinstatement, the Board
may consider the petitioner's:
(1)
moral character;
(2)
employment history;
(3)
status of financial support to his family;
(4)
participation in continuing education programs or other
methods of staying current with the practice of veterinary medicine;
(5)
criminal history record, including felonies or misdemeanors
relating to the practice of veterinary medicine and/or moral terpitude;
(6)
offers of employment as a veterinarian;
(7)
involvement in public service activities in the community;
(8)
compliance with the provisions of the Board order revoking
or canceling the petitioner's license;
(9)
compliance with provisions of the Veterinary Licensing
Act regarding unauthorized practice;
(10)
history of acts or actions by any other state and federal
regulatory agencies; and
(11)
any physical, chemical, emotional, or mental impairment.
(g)
In considering a petition, the Board may also consider:
(1)
the gravity of the offense for which the petitioner's license
was cancelled, revoked or restricted and the impact the offense had upon the
public health, safety, and welfare;
(2)
the length of time since the petitioner's license was cancelled,
revoked, or restricted, as a factor in determining whether the time period
has been sufficient for the petitioner to have rehabilitated himself to be
able to practice veterinary medicine in a manner consistent with the public
health, safety and welfare;
(3)
whether the license was submitted voluntarily for cancellation
at the request of the licensee; and
(4)
other rehabilitative actions taken by the petitioner.
(h)
If the Board grants the petition for reinstatement, the
petitioner must successfully complete the Texas State Board Licensing Examination
during the regularly scheduled examination times. The Board may also require
the petitioner to complete additional testing to assure the petitioner's competency
to practice veterinary medicine.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 22, 2004.
TRD-200404158
Julie A. Barker
Executive Assistant
Texas Board of Veterinary Medical Examiners
Effective date: July 12, 2004
Proposal publication date: March 12, 2004
For further information, please call: (512) 305-7555
22 TAC §575.28
The Texas Board of Veterinary Medical Examiners ("Board")
adopts the repeal of §575.28, concerning Entry of Appearances; Continuances
without changes to the proposal as published in the March 12, 2004, issue
of the
Texas Register
(29 TexReg 2546). This
section was originally written to govern contested matters before the Board.
These types of matters are now heard before the State Office of Administrative
Hearings which has its own rules for conducting hearings. This section is
adopted for repeal because it is no longer necessary in the conduct of Board
business.
No comments were received concerning this section.
The repeal is adopted under the authority of the Occupations
Code, §801.151(a) which authorizes the Board to adopt rules necessary
to administer the Veterinary Licensing Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 22, 2004.
TRD-200404159
Julie A. Barker
Executive Assistant
Texas Board of Veterinary Medical Examiners
Effective date: July 12, 2004
Proposal publication date: March 12, 2004
For further information, please call: (512) 305-7555
Chapter 89.
GENERAL RULES AND REGULATIONS
Part 24.
TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS
Chapter 573.
RULES OF PROFESSIONAL CONDUCT
Chapter 575.
PRACTICE AND PROCEDURE