Proposed Rules Title 22

TITLE 22. EXAMINING BOARDS

PART 8. TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD

CHAPTER 153. RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT

22 TAC §153.27

The Texas Appraiser Licensing and Certification Board proposes amendments to §153.27, regarding Certification and Licensure by Reciprocity. The proposed amendments eliminate the prohibition on Texas residents seeking licensure or certification by reciprocity and clarify language relating to the state in which the applicant is already licensed.

Devon V. Bijansky, Assistant General Counsel, has determined that for the first five-year period the amendments are in effect, there will be no fiscal implications for the state or for units of local government as a result of enforcing or administering the amendments. There is no anticipated impact on local or state employment as a result of implementing the amendments. There is no anticipated impact on small businesses or micro-businesses as a result of implementing the proposed amendments. There is no anticipated economic cost to persons who are required to comply with the proposed amendments.

Ms. Bijansky has also determined that the anticipated public benefit as a result of these amendments is that Texas residents who hold appraiser licenses or certifications issued in other states (who, therefore, have already proven their qualifications to the other state) will be able to seek Texas licensure or certification without the necessity of documenting their qualifications again. Section 153.27 will also be consistent with Texas Occupations Code §1103.209, which permits residents and non-residents alike to seek licensure and certification by reciprocity.

Comments on the proposal may be submitted to Devon V. Bijansky, Assistant General Counsel, Texas Real Estate Commission/Texas Appraiser Licensing and Certification Board, P.O. Box 12188, Austin, Texas 78711-2188.

The amendments are proposed under the Texas Occupations Code §1103.151, which authorizes the Texas Appraiser Licensing and Certification Board to adopt rules relating to certificates and licenses.

The statute affected by this proposal is Texas Occupations Code, Chapter 1103. No other statute, code, or article is affected by the proposed amendments.

§153.27.Certification and Licensure by Reciprocity.

(a) (No change.)

(b) A non-Texas resident [~~person~~] applying for a license or certification under this subsection must submit an irrevocable consent to service of process in this state on a form prescribed by the board.

(d) The board shall seek verification from an applicant's original issuing [~~home~~] state that the applicant's license or certification is valid and in good standing. A reciprocal license or certificate may not be issued without the verification required by this subsection.

(e) (No change.)

(f) A reciprocal license or certification expires on the same date that the license or certification held by the applicant in the applicant's original issuing [~~home~~] state expires but in no instance more than two years from the date of issuance of the reciprocal license or certification.

(g) (No change.)

~~[(h) A person whose legal residency is in the State of Texas may not be licensed or certified through reciprocity.]~~

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 27, 2008.

TRD-200803382

Devon V. Bijansky

Assistant General Counsel

Texas Appraiser Licensing and Certification Board

Earliest possible date of adoption: August 10, 2008

For further information, please call: (512) 465-3900

PART 10. TEXAS FUNERAL SERVICE COMMISSION

CHAPTER 203. LICENSING AND ENFORCEMENT--SPECIFIC SUBSTANTIVE RULES

22 TAC §203.16

The Texas Funeral Service Commission (commission) proposes an amendment to Title 22, §203.16, regarding requirements relating to embalming.

The amendment is proposed in order to revise the minimum standards of performance for the embalming of a dead human body.

O.C. "Chet" Robbins, Executive Director, has determined that for the first five-year period the amendment is in effect, there will be no fiscal implication for state or local governments as a result of enforcing or administering the proposed amendment.

Mr. Robbins further has determined that for each of the first five-year period the amendment is in effect, the public benefit anticipated as a result of enforcing the amendment will be eliminating the oral exit interviews in order to expedite the licensure of qualified applicants thereby allowing them to be placed into the community sooner. There will be no effect on large, small or micro-businesses. There is no anticipated economic costs to persons who are required to comply with the amendment as proposed. There is no impact on local employment.

Comments on the proposal may be submitted to Mr. Robbins at P.O. Box 12217, Capitol Station, Austin, Texas 78711-1440, (512) 479-5064 (fax), or electronically to chet.robbins@tfsc.state.tx.us.

The amendment is proposed under Texas Occupations Code, §651.152. The commission interprets §651.152 as authorizing it to adopt rules as necessary to administer Chapter 651.

No other statutes, articles, or codes are affected by the proposal.

§203.16.Requirements Relating to Embalming.

(a) In order to ensure the maximum inhibition of pathogenic organisms in the dead human body, the following minimum standards of performance shall be required of each licensed embalmer in the State of Texas in each instance in which he or she is authorized or required to embalm a dead human body.

(1) (No change.)

(2) In order to prevent those involved in the embalming procedure from becoming unwitting carriers of pathogenic organisms into the community, they shall be required to utilize all personal protective equipment (PPE) such as is required by either OSHA or its corresponding state agency during the embalming procedure. While the use of disposable items is suggested, those items capable of being sterilized or properly sanitized are permitted [~~such protective devices as gloves capable of being sterilized, aprons or operating gowns during the embalming procedure. Disposable garments and/or gloves shall be permitted~~].

(3) Clothing and/or personal effects of the decedent shall either be thoroughly disinfected before delivery to any person or discarded in a manner consistent with the disposal of biohazardous material [directly exposed to contamination by pathogenic organisms shall either be burned or thoroughly cleaned and disinfected with a solution having phenol coefficient of not less than one before delivery to any person or before any further utilization].

(4) (No change.)

(5) The entire body may be thoroughly cleaned before arterial injection and shall be cleaned immediately after the embalming procedure with an antiseptic soap or detergent [ ~~shall be washed with an antiseptic soap or detergent. Fingernails, hair (including mustache and beard) shall be thoroughly cleaned, either before or immediately after arterial injection~~].

(6) Body orifices ([~~open lesions and surgical incisions,~~] nostrils, mouth, anus, [~~and~~] vagina , ear canals, and urethra) open lesions, and other surgical incisions shall be treated with appropriate topical disinfectants either before or immediately after arterial injection. After cavity treatment has been completed, body orifices shall be packed in cotton saturated with a suitable disinfectant of a phenol coefficient not less than one in cases where purge is evident or is likely to occur and/or when the body is to be transported out of state or by common carrier.

(7) The arterial fluid to be injected shall be one commercially prepared and marketed with its percent of formaldehyde, or other approved substance, by volume (index) clearly marked on the label or in printed material supplied by the manufacturer.

(8) The fluids selected shall be injected into all bodies in such dilutions and at such pressures as the professional experience of the embalmer shall indicate, except that in no instance shall dilute solution contain less than 1.0% formaldehyde, or an approved substance that acts the same as formaldehyde, and as the professional experience of the embalmer indicates, one gallon of dilute solution shall [~~may~~ ] be used for each 50 pounds of body weight. Computation of solution strength is as follows: C x V = C' x V' C = strength of concentrated fluid V = volume of ounces of concentrated fluid C' = strength of dilute fluid V' = volume of ounces of dilute fluid.

(9) Abdominal and thoracic cavities shall be treated in the following manner.

(A) Liquid, semi-solid, and gaseous contents which can be withdrawn through a trocar shall be aspirated by the use of the highest vacuum pressure attainable [ ~~at least 18 inches (mercury) vacuum~~].

(B) Concentrated, commercially prepared cavity fluid which is acidic in nature (6.5pH or lower) and contains at least two preservative chemicals shall be injected and evenly distributed throughout the aspirated cavities. A minimum of 16 ounces of concentrated cavity fluid shall be used in any embalming case in which a minimum of two gallons of arterial solution has been injected [ ~~for each adult body~~].

(C) Should distension and/or purge occur after treatment, aspiration and injection as required shall be repeated as necessary.

(10) The embalmer shall be required to check each body thoroughly after treatment has been completed. Any area not adequately disinfected by arterial and/or cavity treatment shall be injected hypodermically with disinfectant and preservative fluid of maximum results. A disinfectant and preservative medium shall be applied topically in those cases which require further treatment [~~using a hypodermic needle with disinfectant fluid for maximum disinfecting results~~].

(11) On bodies in which the arterial circulation is incomplete or impaired by advance decomposition, burns, trauma, autopsy, or any other cause, the embalmer shall be required to use the hypodermic method to inject all areas which cannot be properly treated through whatever arterial circulation remains intact (if [in]any).

(12) In the event that the procedures in paragraphs (1) - (11) of this subsection leave a dead human body in condition to constitute a high risk of infection to anyone handling the body, the embalmer shall be required to apply to the exterior of the body an appropriate embalming medium in powder or gel form [~~a standard embalming powder~~] and to enclose the body in a zippered plastic or rubber pouch prior to burial or other disposal.

(13) - (17) (No change.)

(b) (No change.)

(c) All embalming case reports must contain, at a minimum, all the information on the case-report form published following this subsection. This form is also on file in the commission's offices and may be accessed from the commission's website at www.tfsc.state.tx.us. Staff will make a copy of this form available upon request. Funeral establishments may use other forms, so long as the forms contain all the information on the published form. A case report shall be completed for each embalming procedure not later than the date of disposition of the body which was embalmed. The embalmer shall ensure that all information contained in the case report is correct and legible. The embalmer is encouraged to employ electronic resources to the extent possible for completing the case report. The completed form shall be retained for two years following the procedure date and made available to the commission, upon request.

Figure: 22 TAC §203.16(c) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 26, 2008.

TRD-200803346

O.C. Robbins

Executive Director

Texas Funeral Service Commission

Earliest possible date of adoption: August 10, 2008

For further information, please call: (512) 936-2466

PART 24. TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS

CHAPTER 573. RULES OF PROFESSIONAL CONDUCT

SUBCHAPTER B. SUPERVISION OF PERSONNEL

22 TAC §573.10

The Texas Board of Veterinary Medical Examiners proposes an amendment to §573.10, regarding the supervision of non-licensed employees.

The proposed amendment would allow a licensed veterinarian to use an electronic signature on rabies certificates. In addition, it would allow a licensed veterinarian to delegate the use of an electronic signature pad to a non-licensed employee under the licensed veterinarian's direct supervision.

Dewey E. Helmcamp III, Executive Director, has determined that for each year of the first five years that the rule is in effect there will be no fiscal implication for the state and no fiscal implication for local government as a result of enforcing or administering the rule as proposed. Mr. Helmcamp has also determined that the rule will have no local employment impact.

Mr. Helmcamp has also determined that for each year of the first five years the rule is in effect, the anticipated public benefit will be to allow licensed veterinarians to use electronic signature pads with the anticipated benefits of technological advances.

Mr. Helmcamp has also determined there will be no direct adverse effect on small businesses or micro-businesses because the rule does not apply to single businesses.

Mr. Helmcamp has further determined that there are no economic costs to persons required to comply with the rule.

The Texas Board of Veterinary Medical Examiners invites comments on the proposed rule from any member of the public. A written statement should be mailed or delivered to Loris Jones, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Ste. 3-810, Austin, Texas 78701-3942, by facsimile (FAX) to (512) 305-7556, or by e-mail vet.board@tbvme.state.tx.us. Comments will be accepted for 30 days following publication in the Texas Register.

The amendment is proposed under the authority of the Veterinary Licensing Act, Occupations Code, §801.151(a) which states that the Board may adopt rules necessary to administer the chapter.

Texas Occupations Code, Chapter 801, is affected by this proposal.

§573.10.Supervision of Non-Licensed Employees.

(a) General Supervision. A veterinarian required to generally supervise a non-licensee must be readily available to communicate with the person under supervision.

(b) Direct Supervision. A veterinarian required to directly supervise a non-licensee must be physically present on the same premises as the non-licensee under supervision.

(c) Immediate Supervision. A veterinarian required to immediately supervise a non-licensee must be within audible and visual range of both the animal patient and the person under supervision.

(d) Delegation Relating to Official Health/Test Documents

(1) A licensee must personally sign any official health documents issued by the licensee provided, however, that rabies certificates may be authenticated by either:

(A) the licensee's personal signature; or

(B) the use of a signature stamp or electronic signature in accordance with the requirements of §573.51 of this title (relating to Rabies Control).

(2) The issuance of any pre-signed or pre-stamped official health documents by a licensee is prohibited.

(3) Unless otherwise prohibited by law, and except as provided in paragraph (4) of this subsection, a licensee may permit a non-licensed employee under the licensee's direct supervision to collect samples from animals for official tests.

(4) A person approved by the Texas Animal Health Commission (TAHC) and under the general supervision of a TAHC approved veterinarian may perform testing for Brucellosis at a livestock market or collect blood samples on animals to be consigned directly from the ranch to slaughter and submit them to the state/federal laboratory for brucellosis testing.

(5) A veterinarian shall only allow the use of the veterinarian's signature stamp or electronic signature pad by a non-licensed employee under direct supervision of the veterinarian.

(e) Responsibility for Acts of Non-Licensed Employees. A licensee may determine a non-licensed employee's qualifications necessary to perform routine patient care and treatment. The licensee is directly responsible for all actions of non-licensed employees acting under the licensee's directions or authorization. A licensee failing to properly supervise a non-licensed employee or improperly delegating care and/or treatment responsibilities may be subject to disciplinary action by the Board.

(f) Prohibited Services. An unlicensed individual shall not perform the following heath care services:

(1) surgery;

(2) invasive dental procedures;

(3) diagnosis and prognosis of animal diseases and/or conditions; or

(4) prescribing drugs and appliances.

(g) Level of Supervision of Non-Licensed Employees.

(1) A licensee shall determine when general, direct or immediate supervision of a non-licensee's actions is appropriate, except where such actions of the non-licensee may otherwise be prohibited by law. A licensee should consider both the level of training and experience when determining level of supervision and duties of non-licensed employees.

(2) When feasible, a licensee should delegate greater responsibility to a registered veterinary technician (RVT) than to a non-RVT. An RVT is a person who performs the duties specified by the American Veterinary Medical Association's Committee on Veterinary Technician Education and Activities and is qualified and registered by the Texas Veterinary Medical Association. Under the direct or immediate supervision of a licensee, an RVT may:

(A) suture existing surgical skin incisions; and

(B) induce anesthesia.

(3) The procedures authorized to be performed by an RVT in paragraph (2) of this subsection may be performed by a non-registered veterinary technician only under the immediate supervision of a veterinarian.

(4) Euthanasia may be performed by a veterinary technician only under the immediate supervision of a veterinarian.

(h) Emergency Care. In an emergency situation where prompt treatment is essential for the prevention of death or alleviation of extreme suffering, a licensee may, after determining the nature of the emergency and the condition of the animal, issue treatment directions to a non-licensee by means of telephone, electronic mail or messaging, radio, or facsimile communication. The Board may take action against a veterinarian if, in the Board's sole discretion, the veterinarian uses this authorization to circumvent this rule. The veterinarian assumes full responsibility for such treatment. However, nothing in this rule requires a licensee to accept an animal treated under this rule as a patient under these circumstances.

(i) Care of Hospitalized Animals. A non-licensee may, in the absence of direct supervision, follow the oral or written treatment orders of a veterinarian who is caring for a hospitalized animal; provided however, that the veterinarian has examined the animal(s) and that a valid veterinarian/client/patient relationship exists.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 24, 2008.

TRD-200803296

Loris Jones

Executive Assistant

Texas Board of Veterinary Medical Examiners

Earliest possible date of adoption: August 10, 2008

For further information, please call: (512) 305-7563

SUBCHAPTER F. RECORDS KEEPING

22 TAC §573.52

The Texas Board of Veterinary Medical Examiners proposes an amendment to §573.52, regarding patient record keeping.

The proposed amendment would clarify the rule regarding patient record keeping and add these requirements to the patient record: phone number of client, diagnostic images, differential diagnosis and/or treatment, if applicable. The proposed amendment would also clarify the requirements for amendments to the records and the process for maintenance of patient records.

Mr. Helmcamp has also determined that for each year of the first five years the rule is in effect, the anticipated public benefit will be to ensure better record keeping for the animals under veterinarian care in Texas.

Mr. Helmcamp has also determined there will be no direct adverse effect on small businesses or micro-businesses because the rule does not adversely affect single businesses.

Mr. Helmcamp has further determined that there are no economic costs to persons required to comply with the rule.

The amendment is proposed under the authority of the Veterinary Licensing Act, Occupations Code, §801.151(a) which states that the Board may adopt rules necessary to administer the chapter.

Texas Occupations Code, Chapter 801, is affected by this proposal.

§573.52.Patient Record Keeping.

(a) Individual records will be maintained at the veterinarian's place of business, that are complete, contemporaneous and legible and include, but are not limited to:

(1) name, [~~and~~] address, and phone number of the [of] client;

(2) identification of patient, including name, species, breed, age, sex and description [~~identity~~];

(3) patient history;

(4) dates of visits;

(5) any immunization records;

(6) weight if required for diagnosis or treatment. Weight may be estimated if actual weight is difficult to obtain;

(7) temperature if required for diagnosis or treatment except when treating a herd, flock, [~~or a~~] species , or an individual animal that is difficult to obtain a temperature;

(8) any laboratory analysis;

(9) any diagnostic images [~~radiographs~~];

(10) differential diagnosis and/or treatment, if applicable;

(11) [~~(10)~~] names, dosages, concentration, and routes of administration of each drug prescribed, administered and/or dispensed;

(12) [~~(11)~~] other details necessary to substantiate the examination, diagnosis, and treatment provided, and/or surgical procedure performed;

(13) [~~(12)~~] any signed acknowledgment required by §§573.12, 573.14, 573.15, and 573.16. Each entry in the patient record shall identify the veterinarian who performed or supervised the procedure recorded;[.]

(14) Any amendment, supplementation, change, or correction in a patient record not made contemporaneously with the act or observation shall be noted by indicating the time and date of the amendment, supplementation, change, or correction, and clearly indicating that there has been an amendment, supplementation, change, or correction.

(b) Maintenance of Patient Records.

(1) [~~(b)~~] Except as provided in §573.51(c) of this Title (Relating to Rabies Control), patient records shall be current and maintained on the business premises for a minimum of five years from the anniversary date of the date of last treatment by the veterinarian. [period of three years. Patient records are the responsibility and property of the veterinarian or veterinarians who own the veterinary practice, provided however, the client is entitled to a copy of the patient records pertaining to the client's animals.]

(2) A veterinarian may destroy medical records that relate to any civil, criminal or administrative proceeding only if the veterinarian knows the proceeding has been finally resolved.

(3) Veterinarians shall retain patient records for such longer length of time than that imposed herein when mandated by other federal or state statute or regulation.

(4) Patient records are the responsibility and property of the veterinarian or veterinarians who own the veterinary practice, provided however, the client is entitled to a copy of the patient records pertaining to the client's animals.

(5) Veterinarians may transfer ownership of records to another licensed veterinarian or group of veterinarians only if the veterinarian provides notice consistent with §573.54 of this title (relating to Transfer and Disposal of Patient Records) and the veterinarian who assumes ownership of the records shall maintain the records consistent with this chapter.

[(c) Upon the request of the client or his/her authorized representative, the veterinarian shall furnish a copy of the patient records, including a copy of any radiographs requested, within 15 business days of the request, unless a longer period is reasonably required to duplicate the records. The veterinarian may charge a reasonable fee for this service, including actual costs for mailing, shipping or delivery. A veterinarian may not refuse a request for copies because payment in full for veterinary care has not been received from the client.]

(c) [~~(d)~~] When appropriate, licensees may substitute the words "herd", "flock" or other collective term in place of the word "patient" in subsections (a) and (b) of this section. Records to be maintained on these animals may be kept in a daily log, or the billing records, provided that the treatment information that is entered is adequate to substantiate the identification of these animals and the medical care provided. In no case does this eliminate the requirement to maintain drug records as specified by state and federal law and Board rules.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 24, 2008.

TRD-200803297

Loris Jones

Executive Assistant

Texas Board of Veterinary Medical Examiners

Earliest possible date of adoption: August 10, 2008

For further information, please call: (512) 305-7563

22 TAC §573.53

The Texas Board of Veterinary Medical Examiners proposes new §573.53, regarding the release and charges associated with patient records.

The proposed new rule is in essence a portion of §573.52 that was moved to better organize Chapter 573. This rule still requires a veterinarian to furnish patient records, including radiographs, upon the request of the client within 15 business days. The rule specifically states the allowable charges for patient records and defines patient records. The rule still forbids the withholding of patient records for past due accounts. The rule does add client's authorized agents/representatives or designated recipient as those allowed to receive patient records.

Mr. Helmcamp has also determined that for each year of the first five years the rule is in effect, the anticipated public benefit will be to allow pet owners to have their records released to their authorized representatives.

Mr. Helmcamp has also determined there will be no direct adverse effect on small businesses or micro-businesses because the rule does not change the status quo in patient record keeping.

Mr. Helmcamp has further determined that there are no economic costs to persons required to comply with the rule.

The new rule is proposed under the authority of the Veterinary Licensing Act, Occupations Code, §801.151(a) which states that the Board may adopt rules necessary to administer the chapter.

Texas Occupations Code, Chapter 801, is affected by this proposal.

§573.53.Patient Records Release and Charges.

(a) Release of Records Pursuant to Request. Upon the request of the client or their authorized representative, the veterinarian shall furnish a copy of the patient records, including a copy of any radiographs requested, within 15 business days for the request, unless a longer period is reasonably required to duplicate the records.

(b) Contents of Records. For purposes of this section, "patient records" shall include those records as defined in §573.52(a) of this title (relating to Patient Record Keeping).

(c) Allowable Charges. The veterinarian may charge a reasonable fee for this service. A reasonable fee, shall include only the cost of:

(1) copying, including the labor and cost of supplies for copying;

(2) postage, when the individual has requested the copy or summary be mailed; and

(3) preparing a summary of the records when appropriate.

(d) Improper Withholding for Past Due Accounts. Patient records requested pursuant to a proper request for release may not be withheld from the client, the client's authorized agent, or the client's designated recipient for such records based on a past due account for care or treatment previously rendered to the patient.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 24, 2008.

TRD-200803298

Loris Jones

Executive Assistant

Texas Board of Veterinary Medical Examiners

Earliest possible date of adoption: August 10, 2008

For further information, please call: (512) 305-7563

22 TAC §573.54

The Texas Board of Veterinary Medical Examiners proposes new §573.54, regarding the transfer and disposal of patient records.

The proposed new rule sets forth the required notification and method of notification when a licensed veterinarian discontinues the provision of veterinary services without the continuation of their practice. The proposed new rule also sets forth the process for notification of clients with regards to records when a licensed veterinarian voluntarily surrenders their license or the Board revokes their license. The rule also requires a custodian of records in instances where a licensed veterinarian voluntarily surrenders their license or the Board revokes their license.

Mr. Helmcamp has also determined that for each year of the first five years the rule is in effect, the anticipated public benefit will ensure the public's right to access their own pet's records in the case that a licensed veterinarian ceases to practice veterinary medicine.

Mr. Helmcamp has also determined there will be no direct adverse effect on small businesses or micro-businesses because there is minimal cost associated with compliance of this rule.

Mr. Helmcamp has further determined that there are no economic costs to persons required to comply with the rule.

The new rule is proposed under the authority of the Veterinary Licensing Act, Occupations Code, §801.151(a) which states that the Board may adopt rules necessary to administer the chapter.

Texas Occupations Code, Chapter 801, is affected by this proposal.

§573.54.Transfer And Disposal Of Patient Records.

(a) Required Notification of Discontinuance of Practice. When a veterinarian discontinues the provision of veterinary services without the continuation of their practice, he or she is responsible for ensuring that clients receive reasonable notification and are given the opportunity to obtain copies of their records or arrange for the transfer of their patient records to another veterinarian

(b) Method of Notification.

(1) When a veterinarian discontinues the provision of veterinary services without the continuation of their practice, he or she shall provide notice to clients of when the veterinarian intends to terminate the practice or relocate, and will no longer be available to clients, and offer clients the opportunity to obtain a copy of their patient records.

(2) Notification shall be accomplished by:

(A) placing written notice in the veterinarian's office; and

(B) sending letters to clients seen in the last three years notifying them of discontinuance of practice.

(1) Veterinarians who have voluntarily surrendered their licenses in lieu of disciplinary action or have had their licenses revoked by the Board must notify their clients, consistent with subsection (b) of this section, within 30 days of the effective date of the voluntary surrender or revocation.

(2) Veterinarians who have voluntarily surrendered their licenses in lieu of disciplinary action or have had their licenses revoked by the Board must obtain a custodian for their records to be approved by the Board within 30 days of the effective date of the voluntary surrender or revocation.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 24, 2008.

TRD-200803299

Loris Jones

Executive Assistant

Texas Board of Veterinary Medical Examiners

Earliest possible date of adoption: August 10, 2008

For further information, please call: (512) 305-7563

SUBCHAPTER G. OTHER PROVISIONS

22 TAC §573.64

The Texas Board of Veterinary Medical Examiners proposes an amendment to §573.64, regarding continuing education requirements.

The proposed amendment would clarify the rule regarding the carryover of excess hours to the next year. In addition, the rule clarifies that hardship extensions generally will not be allowed due to financial hardship or lack of time due to a busy professional or personal schedule.

Mr. Helmcamp has also determined that for each year of the first five years the rule is in effect, the anticipated public benefit will be to ensure clarification of the continuing education requirements for licensed veterinarians of the State of Texas.

Mr. Helmcamp has also determined there will be no direct adverse effect on small businesses or micro-businesses because the rule does not change the current agency policy regarding continuing education requirements but simply clarifies the rule.

Mr. Helmcamp has further determined that there are no economic costs to persons required to comply with the rule.

The amendment is proposed under the authority of the Veterinary Licensing Act, Occupations Code, §801.151(a) which states that the Board may adopt rules necessary to administer the chapter.

Texas Occupations Code, Chapter 801, is affected by this proposal.

§573.64.Continuing Education Requirements.

(a) Requirements

(1) Seventeen (17) hours of acceptable continuing education shall be required annually for renewal of all types of Texas licenses except as provided in subsection (e) of this section. Licensees who successfully complete the Texas State Board Licensing Examination shall be allowed to substitute the examination for the continuing education requirements of the calendar year in which they were examined.

(2) A licensee shall earn [~~obtain~~] the required 17 hours of acceptable continuing education during the calendar year immediately preceding the licensee's application for license renewal. Should a licensee earn [~~obtain~~] acceptable continuing education hours during the year in excess of the required 17 hours, the licensee may carry over and apply the excess hours to the requirement for the next year. Licensees may carry over excess hours to the following year only. A maximum of 17 hours may be carried over each year.

(3) Hardship extensions may be granted by appeal to the Executive Director of the Board. The executive director shall only consider requests for a hardship extension from licensees who were prevented from completing the required continuing education hours due to circumstances beyond the licensee's control. A hardship extension generally will not be allowed due to financial hardship or lack of time due to a busy professional or personal schedule. Requests for a hardship extension must be received in the Board offices by no later than December 15. Should such extension be granted, thirty-four (34) hours of continuing education shall be obtained in the two-year period of time that includes the year of insufficiency and the year of extension. Licensees receiving a hardship extension shall maintain records of the thirty-four (34) hours of continuing education obtained and shall file copies of these records with the Board by attaching the records to the license renewal application submitted following the extension year, or by sending them to the Board separately if the licensee submits his or her application electronically (on-line).

(b) Proof of Continuing Education. The licensee shall sign a statement on the licensee's annual license renewal form attesting to the fact that the required continuing education hours have been obtained. If the licensee renews his license electronically (on-line), the licensee shall input an affirmation that the required continuing education hours have been obtained. The licensee shall maintain records which support the signed statement or affirmation. These documents must be maintained for the last three (3) complete renewal cycles and shall be available at the practice location for inspection to Board investigators upon request. Proof of attendance at live, on-site courses may require sign-in procedures, course checklists, certificates of course completion and other measures as directed by the Board. For proof of on-line interactive courses, the licensee must provide a certificate from the provider showing the nature of the course, date taken, and the hours given. For proof of self-study, the licensee must provide a signed statement showing details, including dates, of the articles or courses read, videos observed, or audios listened to, and hours claimed.

(1) Continuing Education hours shall be acceptable if they relate to clinical matters and/or practice management.

(2) Acceptable continuing education hours shall be earned by:

(A) attending meetings sponsored or co-sponsored by the American Veterinary Medical Association (AVMA), AVMA's affiliated state veterinary medical associations and/or their continuing education organizations, AVMA recognized specialty groups, regional veterinary medical associations, local veterinary medical associations, and veterinary medical colleges;

(B) taking correspondence courses;

(C) participating in verifiable, on-line and video programs or other telecommunication discussions that provide for interactive participation by the licensee;

(D) self study, which includes reading articles in professional journals or periodicals, listening to audio tapes or CD's, or viewing video tapes or similar devices that transmit a video image; or

(E) any other methods approved by the Executive Director and a veterinarian Board member appointed by the Board President, or approved by the Registry of Approved Continuing Education (RACE) of the American Association of Veterinary State Boards.

(3) The Board shall accept continuing education hours obtained as a requirement of disciplinary action.

(d) Distribution of Continuing Education Hours

(1) Of the required seventeen (17) hours of continuing education, no more than five (5) hours may be derived from either:

(A) correspondence courses; or

(B) practice management courses.

(2) Hours claimed for self study shall not exceed three (3) hours.

(3) Hours claimed for interactive, participatory programs shall not exceed 10 hours.

(4) Notwithstanding the allowable hours provided in paragraphs (1) - (3) of this subsection, at least seven (7) hours must be obtained from personal attendance at live courses, seminars and meetings providing continuing education.

(e) Exemption from Continuing Education Requirements. A licensee is not required to obtain or report continuing education hours, provided that the licensee submits to the Board sufficient proof that during the preceding year the licensee was:

(1) in retired status;

(2) a veterinary intern or resident; or

(3) out-of-country on charitable, military, or special government assignments for at least nine (9) months in a year; or

(4) on inactive status. Licensees on inactive status may voluntarily acquire continuing education for purposes of reinstating his/her license to regular status.

(f) Make up Hours. The Board may require a licensee who does not complete the 17 hours of continuing education to make up the missed hours in later years. Hours required to be made up in a later year are in addition to the 17 hours required to be completed in that year.

(g) Disciplinary Action for Non-compliance. Failure to complete the required hours without obtaining a hardship extension from the executive director, failure to maintain required records, falsifying records, or intentionally misrepresenting programs for continuing education credit shall be grounds for disciplinary action by the Board.

(h) Participating in a Continuing Education Program as a Disciplinary Action.

(1) The Board may require a licensee who violates the Veterinary Licensing Act or the Board's Rules to participate in a program to acquire continuing education.

(2) Continuing education hours required under this subsection shall be in addition to the 17 hours required of all licensees, and shall be

(A) based on the seriousness of the violation; and

(B) relevant to the violation committed by the license holder.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 24, 2008.

TRD-200803300

Loris Jones

Executive Assistant

Texas Board of Veterinary Medical Examiners

Earliest possible date of adoption: August 10, 2008

For further information, please call: (512) 305-7563

22 TAC §573.66

The Texas Board of Veterinary Medical Examiners proposes an amendment to §573.66, regarding monitoring licensees compliance with Board rules and the Texas Veterinary Licensing Act ("the Act").

The proposed amendment would remove the requirement of notarization of statements made by the licensee regarding the licensee's compliance with Board rules and the Act. The proposed amendment would standardize the time allowed for response to a compliance inspection, whether on-site or by mail to 30 days. In addition, the proposed amendment would clarify the language of the rule describing the process of opening an investigation.

Mr. Helmcamp has also determined that for each year of the first five years the rule is in effect, the anticipated public benefit will be to reduce the requirements necessary to respond to compliance inspections and standardize the time period for response to the Board.

Mr. Helmcamp has also determined there will be no direct adverse effect on small businesses or micro-businesses because the rule has minimal costs associated with the rule changes.

Mr. Helmcamp has further determined that there are no economic costs to persons required to comply with the rule.

The amendment is proposed under the authority of the Veterinary Licensing Act, Occupations Code, §801.151(a) which states that the Board may adopt rules necessary to administer the chapter.

Texas Occupations Code, Chapter 801, is affected by this proposal.

§573.66.Monitoring Licensee Compliance.

(a) The Board shall conduct a compliance monitoring program to ensure that licensees comply with the requirements of Chapter 801, Texas Occupations Code (the Veterinary Licensing Act) and the Board's rules.

(b) The Board's compliance monitoring program shall include on-site inspections of veterinary practices and inspections by mail.

(1) On-site inspections shall include, but are not limited, to the following items:

(A) display of license and current renewal certificate;

(B) properly posted consumer information;

(D) sanitation;

(E) patient record keeping;

(F) controlled substance record keeping; and

(G) possession of appropriate controlled substance registrations and certificates.

(2) Inspections by mail shall request a veterinarian to provide the following non-exclusive items:

(A) proof of continuing education hours;

(B) copies of controlled substance registrations and certificates;

(D) copy of the last page of the veterinarian's controlled substance log book for each controlled substance possessed by the veterinarian; and

(E) a [~~notarized~~] statement verifying that the licensee is in compliance with Board rules concerning consumer information, maintenance of sanitary premises, display of license and degrees, and notification of licensee addresses.

(c) After an [~~on-site~~] inspection, licensees will normally be given 30 [45] days to correct deficiencies and provide written documentation of the corrections. [~~Licensees will normally be given 30 days to respond to an inspection by mail.~~] If no timely response is received within that time period, the inspection process will become an investigation and the Board will follow the formal investigative procedure.

(d) After an initial inspection, if the licensee does not make [~~makes~~ ] required corrections to noted deficiencies, investigators may recommend to the director of enforcement to open an investigation [ ~~close a compliance inspection deficiency to "no violation"~~ ] within the spirit and intent of the program. When [ ~~, except when~~] a deficiency involves flagrant disregard of the law, including illegal practices; improper use of prescription drugs; failure to account for drugs dispensed or administered; failure to comply with controlled substance registration requirements, continuing education requirements, and sanitation; and drug diversion and/or abuse[~~. Where such violations are noted~~], the compliance inspection shall be terminated and the investigator will open an investigation and the violations will be referred to the director of enforcement [~~for review~~] as a complaint.

(e) When in a subsequent inspection a licensee is found to have failed to correct those deficiencies noted in the prior inspection, the investigator will advise the director of enforcement and the licensee that the licensee has continued to violate the Veterinary Licensing Act and/or Board rules.

(f) The Board may, on an unannounced basis, inspect licensees who have been ordered to perform certain acts as a result of a previous inspection to verify that the licensees performed the required acts. If the licensee is found to have refused or failed to comply with the Board order, the investigator will prepare a report documenting the failure to comply and the report will be submitted to the Board for appropriate disciplinary action.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 24, 2008.

TRD-200803301

Loris Jones

Executive Assistant

Texas Board of Veterinary Medical Examiners

Earliest possible date of adoption: August 10, 2008

For further information, please call: (512) 305-7563