Part 24.
TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS
Chapter 571.
LICENSING
Subchapter A. EXAMINATIONS
22 TAC §571.3
The Texas Board of Veterinary Medical Examiners adopts amendments
to §571.3 relating to licensing requirements for veterinarians. The amended
section is adopted with changes to the proposed text as published in the March
24, 2000 issue of the
Texas Register
(25 TexReg
2532). Changes were made in response to comments received from interested
parties who attended a public hearing on the amended section on April 19,
2000 and from written comments received by the Board. A clarification amendment
was also requested by the Board's Executive Director.
The purpose of the amendments is to incorporate the requirements of the
new North American Veterinary Licensing Examination (NAVLE) which supercede
the requirements of the old National Board Examination (NBE) and Clinical
Competency Test (CCT). The amendments also establish licensing qualifications
and examination eligibility for the NAVLE and the State Board Licensing Examination
(SBE). Adoption of the amendments updates and simplifies Board requirements
for licensure.
The following entities and individuals appeared at the hearing and presented
comments on a requirement of the amended section that an applicant for SBE
licensure whose NAVLE or NBE and CCT scores are more than five years old must
retake the NAVLE or NBE and CCT prior to sitting for the SBE ("five-year rule"):
James Weedon, D.V.M.; Richard Thomes, D.V.M.; and the Texas Veterinary Medical
Association. Written comments were received from: J. Michael Godin, D.V.M.;
Shannon McFall Bass, D.V.M.; Texas A&M University Veterinary Medical Teaching
Hospital; Jenny E. Johnson, V.M.D.; Catherine Lustgarten, D.V.M.; and Kelly
Kays, D.V.M. With one exception, the commentators opposed continuation of
the "five-year rule" in the amended section. The TVMA supports the five-year
rule except for those practitioners practicing in another state and who have
been in good standing for five years. Dr. Weedon and Dr. Thomes commented
that a licensed veterinarian moving to Texas should not be penalized by having
to retake the national examinations, especially since the number of Texas
graduates who practice is declining and the need for out-of-state practitioners
is growing. Drs. Godin, Bass and the Texas A&M University Veterinary Medical
Teaching Hospital stated that the five-year rule decreases mobility among
qualified veterinarians and is unreasonable. Dr. Johnson stated that the rule
significantly restricts the number of well qualified veterinarians available
to Texas. Dr. Lustgarten commented that the rule discourages out-of state
specialists for considering job opportunities in Texas. Dr. Kays commented
that veterinarians licensed in other states who want to practice in Texas
should not be restricted from doing so.
The Board agrees with the commentators who oppose continuation of the five-year
rule for the reasons stated. In addition, it is noted that the Board through
its existing rules for licensure retains adequate control over licensee qualifications
for taking examinations, so that, for example, an applicant not in good standing
in another state could be denied licensure in Texas. Also, elimination of
the five-year issue will in certain cases reduce the time required for applicants
for licensure to receive their licenses. Accordingly, the Board agrees that
proposed §571.3(d) should be revised to delete the five-year reference.
The Board's Executive Director recommended that where the proposed section
refers to accreditation of veterinary medical schools by the American Veterinary
Medical Association (AVMA), the section should more correctly refer to the
Council on Education of the AVMA. The Board agrees with this change to §571.3(b)(3)
and a related change to §571.3(d)(1)(A)(ii).
The changes to the section affect no new persons or entities other than
those given notice. Compliance with the adopted section will be less burdensome
with regard to the five-year rule. Accordingly, the amended section will be
republished.
The amended section is adopted under the authority of the Texas
Occupations Code, §801.151(a). The Board interprets §801.151 as
authorizing it to adopt rules necessary to administer Chapter 801, including
rules for licensing.
§571.3.Eligibility for Examination and Licensure.
(a)
Definitions. The following words and terms, when used in
this chapter, have the following meaning:
(1)
Board--the Texas Board of Veterinary Medical Examiners.
(2)
Locally derived scaled score--the equivalent of the
criterion referenced passing point for the national examination or the NAVLE.
(3)
National Board Examination Committee for Veterinary
Medicine (NBEC)--the organization responsible for producing, administering
and scoring the NAVLE.
(4)
National examination--the examination in existence
and effective prior to the inauguration date of the NAVLE and which consists
of the national board examination (NBE) and the clinical competency test (CCT).
(5)
North American Veterinary Licensing Examination (NAVLE)--the
examination which replaces the national examination in the year 2000.
(6)
Passing score--an examination score of at least 75%
which for the national examination and NAVLE is based on a locally derived
scaled score.
(7)
Testing window--a period of consecutive days of the
year specified by NBEC when qualified candidates can sit for the NAVLE.
(8)
Texas State Board Licensing Examination (SBE)--the
state examination developed and administered by the Board.
(b)
Qualifications of Licensees. To be eligible for licensure,
an applicant must present satisfactory proof to the Board that the applicant
:
(1)
is at least 18 years of age;
(2)
has obtained at least a passing score on:
(A)
the NAVLE if an applicant sits for that examination subsequent
to its inauguration date; or
(B)
the national examination if an applicant sat for that examination
prior to the inauguration date of the NAVLE; and
(C)
the SBE; and
(3)
is a graduate of a school or college of veterinary
medicine that is approved by the Board and accredited by the Council on Education
of the American Veterinary Medical Association (AVMA). Applicants who are
graduates of a school or college of veterinary medicine not accredited by
the Council on Education of the AVMA are eligible provided the applicant presents
satisfactory proof to the Board that the applicant is a graduate of a school
or college of veterinary medicine and possesses an Educational Commission
for Foreign Veterinary Graduates (ECFVG) Certificate. The Board may refuse
to issue a license to an applicant who meets the qualification criteria but
is otherwise disqualified as provided in the Texas Occupations Code, §801.401.
(c)
Application for regular license and examination.
(1)
The applicant for a regular veterinary license and examination(s)
shall make application on the form furnished by the Board.
(2)
The completed application for regular veterinary license
and examination(s), including payment of appropriate fees, must be received
at the Board Offices no later than :
(A)
45 days prior to the date of the SBE examination for which
the applicant desires to sit; or
(B)
70 days prior to the beginning date of the appropriate
NAVLE testing window.
(d)
Licensing examination.
(1)
Eligibility.
(A)
An applicant may sit for the NAVLE or the SBE provided
that the requirements of subsection (c) of this section have been met and
the applicant is a graduate of:
(i)
an approved and accredited veterinary medical school or
college, as defined in subsection (b)(3) of this section; or
(ii)
a veterinary medical school or college not approved and
accredited, as defined in subsection (b)(3) of this section, but who has obtained
an ECFVG Certificate.
(B)
A person must first take and pass the national examination
or the NAVLE in order to sit for the SBE.
(2)
Eligibility Prior to Graduation. An applicant
who has not graduated from veterinary medical school may sit for examinations
provided the following conditions have been complied with:
(A)
To sit for the SBE, an applicant must be enrolled in an
approved and accredited veterinary medical school or college as defined in
subsection (b)(3) of this section and must obtain a document from the Dean
of the school or college from which the applicant expects to graduate certifying
that the applicant is within 60 days of completion of a veterinary college
program and is expected to graduate.
(B)
An applicant enrolled in a joint or combined degree program
who has completed the applicant's veterinary medical education but has not
received a diploma or transcript certifying award of the applicant's DVM degree,
must obtain a letter from the Dean of the school or college of veterinary
medicine stating the applicant did in fact graduate before the applicant is
eligible to sit for the SBE or the NAVLE.
(C)
To sit for the NAVLE, a candidate must, at the time an
application is submitted, demonstrate that the candidate is within six months
of the expected graduation date falling within the appropriate testing window
and comply with all of the NBEC's testing requirements for the NAVLE.
(3)
Results of Examinations. The Board will accept
certified scores issued by the:
(A)
Interstate Reporting Service of the Professional Examination
Service, or its successor, for the national examination; and
(B)
the official reporting service for the NAVLE.
(4)
Score Information. All requests for information
on examination scores shall be processed as follows:
(A)
All requests from other state licensing boards for an applicant's
raw scores on the national examination or NAVLE will be referred to the official
reporting service for those examinations.
(B)
All requests from other state licensing boards for an applicant's
locally derived scale scores on the national examination or NAVLE will be
based upon national data submitted by the official reporting service for those
examinations.
(C)
Upon written request of an applicant, the Board will certify
the score of the SBE to another state licensing board. Upon written request
of an applicant, the Board will make national examination or NAVLE scores
available for informational purposes only to another state licensing board
but will not certify the scores.
(5)
Release of Examination Grades. The Board will
provide examination grades only to an applicant or another state licensing
board upon the written request of an applicant.
(6)
Request for Analysis of Failed Examination. Any applicant
who has failed the SBE may submit a written request, within 30 days of the
release of the examination results, for an analysis of the applicant's examination.
The Board will not provide an analysis to an applicant who has not submitted
to the Board proof of graduation from an approved and accredited school or
college of veterinary medicine. An applicant who submits proof of graduation
from an approved and accredited school or college of veterinary medicine after
release of the examination results may request an analysis of the applicant's
examination within 30 days of the date the Board receives proof of graduation.
An analysis provided by the Board under this provision will be in writing.
The Board will not disclose any actual examination documents or materials.
(7)
Appearance for Examinations
(A)
An applicant for the SBE must submit a new application
and the current fees prior to admission for examination if the applicant:
(i)
does not appear for the scheduled examination; or
(ii)
fails to attain a passing score on the scheduled examination.
(B)
A candidate for the NAVLE must take the examination within
the test window in which the candidate is authorized for testing.
(i)
A candidate who fails to take the examination within the
appropriate test window shall forfeit the candidate's fees.
(ii)
A candidate who desires to take the examination during
a subsequent test window must have the candidate's eligibility reconfirmed
by the Board and the candidate must pay new fees.
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 14, 2000.
TRD-200004189
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Effective date: July 4, 2000
Proposal publication date: March 24, 2000
For further information, please call: (512) 305-7555
22 TAC §571.18
The Texas Board of Veterinary Medical Examiners adopts amendments
to §571.18 concerning Provisional Licensure with one change to the text
as published in the March 10, 2000 issue of the
Texas Register
(25 TexReg 1938). The change to §571.18(b) clarifies
that the veterinary college accreditation body of the American Veterinary
Medicine Association (AVMA) is the Council on Education of the AVMA.
The amendments to the rule are being implemented to effectuate the new
North American Veterinary Licensing Examination (NAVLE) requirements for licensing
veterinarians and eliminate language referencing the previous examinations.
The amendments clarify for examination applicants the necessary criteria for
qualifying for the provisional licensure examination.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the authority of the Texas Occupations
Code, §801.151(a) which states that the Board may adopt rules as necessary
to administer Chapter 801.
§571.18.Provisional Licensure.
(a)
The Board may issue a provisional license to a person seeking
regular licensure in Texas. The Board may not issue a provisional license
to an individual who has previously taken and failed any examination offered
by the Board and required to obtain a Texas license.
(b)
The Board many grant a provisional license containing specific
practice restrictions to a person who meets the following criteria:
(1)
proof of a current license in good standing in another
state, or jurisdiction of the United States that has licensing requirements
that are substantially equivalent to the requirements of the Veterinary Licensing
Act, Texas Occupations Code, Chapter 801.
(2)
proof of receipt of a passing score on the national
examination or NAVLE.
(3)
proof of sponsorship by a veterinarian licensed by
the Board who will directly supervise the provisional licensee's practice
during the term of the provisional license. An applicant requesting waiver
of the sponsorship requirement due to hardship must make a personal appearance
before the Board to obtain a waiver.
(4)
passing score on the state board jurisprudence examination.
(5)
payment of the required application fee.
(6)
proof of graduation from a college of veterinary medicine
accredited by the Council on Education of the American Veterinary Medical
Association (AVMA) or an Educational Commission for Foreign Veterinary Graduates
Certificate.
(7)
proof of veterinary experience. This requirement can
be satisfied by letter of reference from at least two veterinarian employers
or persons with direct knowledge of the applicant's veterinary practice and
experience.
(c)
The Board's Executive Director will issue a provisional
license to an applicant following verification of the requirements set out
in subsection (b) of this section.
(d)
An applicant for provisional license must submit an application
form designated by the Board, together with all required supporting documentation
including but not limited to:
(1)
a letter of good standing from each jurisdiction in which
the applicant is currently licensed or has been previously licensed.
(2)
a certified copy of the applicant's veterinary school
transcript including a graduation date.
(3)
a certified copy of the applicant's birth certificate.
(4)
a certified report from the official reporting service
verifying that the applicant passed the national examination or the NAVLE
.
(5)
a letter from the applicant's sponsoring veterinarian
acknowledging responsibility for direct supervision of the provisional licensee.
(6)
an application fee in an amount set by the Board and
contained in §577.15 of this title (relating to Fee Schedule).
(e)
The state board jurisprudence examination will be conducted
on request at the earliest time practical for the Board.
(f)
A provisional license is valid until the earlier of:
(1)
14 days after the first available regularly scheduled licensure
examination;
(2)
announcement of the results of the first available
regularly scheduled examination; or
(3)
cancellation pursuant to this section. The Board will
issue a regular license to a provisional licensee who has passed all examinations
administered by the Board and required to obtain a Texas license. The Board
will cancel a provisional license if the provisional licensee fails to appear
at the first available regularly scheduled examination held after the issuance
of the provisional license. The Board will not reissue, extend, or renew the
provisional license of a person who has failed any examination offered by
the Board.
(g)
The Board shall process any additional requirements necessary
to complete a provisional licensee's application for regular licensure within
180 days after the issuance of a provisional license. The Board is not required
to conduct a licensure examination if a regularly scheduled licensure examination
does not occur within the 180-day period.
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 14, 2000.
TRD-200004188
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Effective date: July 4, 2000
Proposal publication date: March 10, 2000
For further information, please call: (512) 305-7555
22 TAC §571.54
The Texas Board of Veterinary Medical Examiners adopts amendments
to §571.54 concerning Retired Licensee Status with one change to the
text as published in the March 10, 2000 issue of the
Texas Register
(24 TexReg 1939).
The agency is adopting these amendments to effectuate the new North American
Veterinary Licensing Examination (NAVLE) requirements for licensing veterinarians
and eliminate language referencing the previous examinations. The change is
to define the term NAVLE as the North American Veterinary Licensing Examination
in §571.54(2). The amendments provide up to date information to retired
licensees that may wish to have their licenses reinstated.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the authority of the Texas Occupations
Code, §801.151(a) which states that the Board may adopt rules as necessary
to administer Chapter 801.
§571.54.Retired Licensee Status.
The Board views retirement as the conclusion of a career in veterinary
medicine. Therefore, if a person's license has been permanently and totally
retired for longer than one year, the license may be reinstated by:
(1)
petitioning the board in writing for reinstatement, and
completing an Examination for Reinstatement application with supporting documentation
and fee(s);
(2)
submitting to reexamination and complying with the
requirement and procedures for obtaining an original license. At the discretion
of the board, the petitioner may be required by take and pass the North American
Veterinary Licensing Examination (NAVLE) prior to applying for and taking
the SBE.
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 14, 2000.
TRD-200004187
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Effective date: July 4, 2000
Proposal publication date: March 10, 2000
For further information, please call: (512) 305-7555
Subchapter B. STAFF AND MISCELLANEOUS
Subchapter C. LICENSE RENEWALS
Chapter 577.
GENERAL ADMINISTRATIVE DUTIES