PART 24. TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS
CHAPTER 571. LICENSING
SUBCHAPTER C. LICENSE RENEWALS
22 TAC §571.56
The Texas Board of Veterinary Medical Examiners proposes
an amendment to 22 TAC §571.56, concerning Military Service Fee
Waiver. The amendment concerns the waiver of licensing fees for military veterans.
The proposed amendment sets forth the procedure for waiver of the
active license renewal fee for licensees discharged from active military
duty. The amendment describes the status of the individual's license
following the Board's receipt of documentation reflecting separation
from military service. The amendment provides that upon receipt of
form DD214 (separation documentation), the licensee's active license
renewal fee is waived for the remainder of the calendar year in which
the licensee is discharged from military service. The license is thereafter
placed in "active" status, allowing the licensee to practice veterinary
medicine in Texas, or renew the license in "inactive status" the year
following military separation.
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 determined that, for each of the first five years
the amended rule is in effect, the anticipated public benefit will
be to streamline the process for licensees making the transition from
active military duty into private or public veterinary practice in
Texas, as well as to express the Board's appreciation for the service
and sacrifice given by the military veteran licensees of Texas.
Mr. Helmcamp has also determined there will be no direct adverse
effect on small businesses or micro-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, Suite 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, Texas Occupations Code, §801.151(a)
which states that "the Board may adopt rules as necessary to administer
this chapter."
Texas Occupations Code, Chapter 801, is affected by this proposal.
§571.56.Military Service Fee Waiver.
Upon submission of a DD214, the active license renewal
fee is waived for the remainder of the calendar year in which the
licensee is discharged from military service. A current year renewal
certificate will be issued to the licensee in the same manner as if
the active renewal fee had been paid for that particular year. Licensee's
submission of a DD214 places his or her license in active status allowing
the practitioner to practice in the State of Texas or renew their
Texas license in inactive status the year following military separation.
The waiver of the fee for the balance of the calendar year in which an
applicant is discharged from the military service is to be applicable
only to those veterinarians who have served at least one year on extended
active duty.
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 22, 2009.
TRD-200902509
Loris Jones
Executive Assistant
Texas Board of Veterinary Medical Examiners
Earliest possible date of adoption: August 2, 2009
For further information, please call: (512) 305-7563
SUBCHAPTER B. SUPERVISION OF PERSONNEL
22 TAC §573.10
The Texas Board of Veterinary Medical Examiners proposes
an amendment to 22 TAC §573.10, concerning Supervision of Non-Licensed
Employees. The amendment concerns the requirement that a licensee
personally sign any official health documents issued in the licensee's name.
Under the proposed amendment, a licensee must personally sign any
official health documents issued by the licensee, or any official
health document for which the licensee has received compensation.
Further, under the proposed amendment, the licensee will be directly
responsible for all actions of non-licensed employees acting under
the licensee's directions or authorization, in addition to all actions
of non-licensed employees for which the licensee receives compensation.
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 determined that, for each of the first five years
the amendment is in effect, the anticipated public benefit will be
that licensees shall provide better security measures for health certificates
issued in their name, or provided in exchange for compensation. The
responsibility for actions of a licensee's non-licensed employees
will rest solely with the licensee, if said employees are acting under
the licensee's direction or authority, or the licensee receives compensation
for the non-licensees' actions. This will ensure that licensees provide
adequate supervision to non-licensed persons in their employ, thus
better protecting the public from persons engaged in the unauthorized
practice of veterinary medicine.
Mr. Helmcamp has also determined there will be no direct adverse
effect on small businesses or micro-businesses.
Mr. Helmcamp has further determined that there may be nominal economic
costs to persons required to comply with the proposed 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, Suite 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, Texas Occupations Code, §801.151(a)
which states that "the Board may adopt rules as necessary to administer
this chapter" and §801.151(b) which states the Board may adopt
rules of professional conduct appropriate to establish and maintain
a high standard of integrity, skills, and practice in the veterinary
medical profession.
Texas Occupations Code, Chapter 801, is affected by this proposal.
§573.10.Supervision of Non-Licensed Employees.
(a) - (c) (No change.)
(d) Delegation Relating to Official Health/Test Documents
(1) A licensee must personally sign any official health
documents issued by the licensee
, and/or any official health
certificates for which the licensee has received compensation, regardless
of whether said compensation is ultimately refunded, provided,
however, that rabies certificates may be authenticated by either:
(A) - (B) (No change.)
(2) - (5) (No change.)
(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
, and/or for which licensee receives compensation, regardless of whether said
compensation is ultimately refunded. 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) - (i) (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 22, 2009.
TRD-200902510
Loris Jones
Executive Assistant
Texas Board of Veterinary Medical Examiners
Earliest possible date of adoption: August 2, 2009
For further information, please call: (512) 305-7563
22 TAC §573.24
The Texas Board of Veterinary Medical Examiners proposes
an amendment to 22 TAC §573.24, concerning Issuance of Certificates
through Direct Knowledge Only. The amendment concerns the requirement
that a licensee issue a health certificate attesting to the physical
condition of an animal, only after the licensee has personally examined
the animal.
Under the proposed amendment, a licensee is deemed to have knowledge
of any health certificates issued in his or her name by the licensee's
employee and/or maintained in the licensee's patient or client records.
The proposed amendment places responsibility for the security of the
licensee's health certificate forms solely on the licensee, and requires
the licensee to take reasonable care to prevent the misuse of said
forms. The proposed amendment also requires a licensee to report any
theft or misuse of health certificates to the Board.
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 determined that, for each of the first five years
the amendment is in effect, the anticipated public benefit will be
that licensees shall provide better security measures for health certificates
issued in their name. The responsibility for health certificates issued
in a licensee's name will be placed squarely on the licensee, thus
requiring licensees to properly safeguard said certificates. This
will ensure a healthier population of livestock for human consumption,
and aid in the prevention of the spread of disease in the nation's
commercial livestock and equine herds.
Mr. Helmcamp has also determined there will be no direct adverse
effect on small businesses or micro-businesses.
Mr. Helmcamp has further determined that there may be nominal economic
costs to persons required to comply with the proposed 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, Suite 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, Texas Occupations Code, §801.151(a)
which states that "the Board may adopt rules as necessary to administer
this chapter," and §801.151(b) which states the Board may adopt
rules of professional conduct appropriate to establish and maintain
a high standard of integrity, skills, and practice in the veterinary
medical profession.
Texas Occupations Code, Chapter 801, is affected by this proposal.
§573.24.Issuance of Certificates Through Direct Knowledge Only.
Licensed veterinarians in this state shall not issue any certificate
attesting to the physical condition and/or soundness of an animal
without first having personally examined the individual animal and
know of their own knowledge, by actual inspection and appropriate
tests, that said animals meet the requirements for the issuance of
such certificate. Licensee is deemed to have knowledge of certificates
issued in his or her name by licensee's employee and/or maintained
in licensee's patient or client files. Licensee shall be responsible
for the security and proper use of all official certificates, forms,
records and reports, and shall take reasonable care to prevent the
misuse thereof. A licensee shall immediately report to the Texas Board
of Veterinary Medical Examiners the loss, theft or deliberate or accidental
misuse of any such certificate, form, record or report.
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 22, 2009.
TRD-200902511
Loris Jones
Executive Assistant
Texas Board of Veterinary Medical Examiners
Earliest possible date of adoption: August 2, 2009
For further information, please call: (512) 305-7563
22 TAC §575.25
The Texas Board of Veterinary Medical Examiners proposes
an amendment to 22 TAC §575.25, concerning Recommended Schedule
of Sanctions. The amendment concerns the schedule of sanctions available
to the Board with regard to licensees who have committed Class A,
B or C violations of the Veterinary Licensing Act and/or Board Rules.
The proposed amendment will allow the Board to impose, as a sanction
for a licensee's commission of a Class A, B or C violation of the
Veterinary Licensing Act and/or Board Rules, that the licensee sit
for, and pass, the Texas State Board Licensing Exam, otherwise known
as the SBE.
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 determined that, for each of the first five years
the amendment is in effect, the anticipated public benefit will be
that licensees who have been found in violation of the Licensing Act
and/or the Rules, will thereafter make more informed decisions with
regard to their veterinary practices, by virtue of sitting for the
SBE, which tests the licensee's knowledge of the rules of professional
conduct and veterinary jurisprudence matters.
Mr. Helmcamp has also determined there will be no direct adverse
effect on small businesses or micro-businesses.
Mr. Helmcamp has further determined that there may be minimal economic
costs to persons required to comply with the proposed rule, as the
SBE currently is only offered at the Board's offices in Austin, Texas.
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, Suite 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, Texas Occupations Code, §801.151(a)
which states that "the Board may adopt rules as necessary to administer
this chapter".
Texas Occupations Code, Chapter 801, is affected by this proposal.
§575.25.Recommended Schedule of Sanctions.
(a) Class A violations. Licensees considered as presenting
imminent peril to the public will be considered Class A violators.
In determining whether a violation is a Class A, consideration will
be given to the disposition of any previously docketed cases, and
to the combination of charges which might involve Class B and/or C
violations.
(1) - (2) (No change.)
(3) Maximum penalties:
(A) - (C) (No change.)
(D) quarterly reporting certifying compliance with
board orders; and/or[
(E) Licensee sit for, and pass, the SBE).
(b) Class B violations. Involves licensees who have
violated rules and/or statutes or have committed a Class C violation
within the last 36-month period. In determining whether a violation
is a Class B, consideration will be given to the disposition of the
previously docketed cases, and to the combination of charges which
might invoke Class A and/or C violations.
(1) - (2) (No change.)
(3) Maximum penalties:
(A) - (B) (No change.)
(C) continuing education in a specified field related
to the practice of veterinary medicine that the board deems relevant
to the violation(s). The total number of hours mandated are in addition
to the number of hours required to renew the veterinary license; [
(D) quarterly reporting certifying compliance with
board orders; and/or[
(E) Licensee sit for, and
pass, the SBE.
(c) Class C violations. Involve licensees who have
violated the rules and/or statutes, but do not have a history of previous
violations. Consideration should be given to the nature and severity
of the violation(s).
(1) - (2) (No change.)
(3) Maximum penalties:
(A) six months to one-year suspension with the entire
period probated; [
(B) an administrative penalty not to exceed $500 for
each violation per day; and/or[
(C) Licensee sit for, and pass, the SBE.
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 22, 2009.
TRD-200902512
Loris Jones
Executive Assistant
Texas Board of Veterinary Medical Examiners
Earliest possible date of adoption: August 2, 2009
For further information, please call: (512) 305-7563
22 TAC §575.28
The Texas Board of Veterinary Medical Examiners proposes
an amendment to 22 TAC §575.28, concerning Complaints--Investigations.
The amendment concerns the Board's procedure for requesting patient
records from a licensee who is the subject of a complaint initiated
pursuant to Chapter 575.
The proposed amendment streamlines the procedure for requesting
patient records from a licensee following the Board's receipt of a
complaint and assignment of an investigator to the matter. Currently,
the rule provides that, upon receipt of a complaint, the Board requests
patient records from the licensee related to the subject animal. Upon
receipt of said patient records, the Board furnishes the licensee
with a copy of the complaint and requests a written response within
21 days. The proposed amendment combines these steps and provides
the licensee with a copy of the complaint contemporaneously with the
request for patient records.
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 determined that, for each of the first five years
the amendment is in effect, the anticipated public benefit will be
a more efficient complaint process, by virtue of less correspondence
exchanged between Board and licensee during the initial investigation,
and an abbreviated time period for completing the investigation process.
Mr. Helmcamp has also determined there will be no direct adverse
effect on small businesses or micro-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, Suite 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, Texas Occupations Code, §801.151(a)
which states that "the Board may adopt rules as necessary to administer
this chapter".
Texas Occupations Code, Chapter 801, is affected by this proposal.
§575.28.Complaints--Investigations.
Investigation of complaints.
(1) - (5) (No change.)
(6) The director of enforcement will assign an investigator
to the complaint. A [
(7) - (8) (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 22, 2009.
TRD-200902513
Loris Jones
Executive Assistant
Texas Board of Veterinary Medical Examiners
Earliest possible date of adoption: August 2, 2009
For further information, please call: (512) 305-7563
SUBCHAPTER B. STAFF
CHAPTER 573. RULES OF PROFESSIONAL CONDUCT
SUBCHAPTER C. RESPONSIBILITIES TO CLIENTS
CHAPTER 575. PRACTICE AND PROCEDURE.]
and/or]
.]
or]
.]
, and the investigator will send
a request for patient records to the licensee. Once the investigator
receives the patient records, the investigator will send a]
copy of the complaint will be sent to the licensee, along
with a request that the licensee respond to the complaint in writing
within 21 days of receipt of the request. The licensee will also
be asked to provide a copy of the relevant patient records with the
response [complaint].
CHAPTER 577. GENERAL ADMINISTRATIVE DUTIES