Part 24.
TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS
Chapter 573.
RULES OF PROFESSIONAL CONDUCT
Subchapter A. GENERAL PROFESSIONAL ETHICS
22 TAC §573.9
The Texas Board of Veterinary Medical Examiners ("Board")
proposes amendments to §573.9 concerning Nonresident Consultants. Under §801.004
of the Texas Occupations Code (Veterinary Licensing Act), a person licensed
by, and residing in, another state, may consult with Texas veterinarians without
having to obtain a Texas license. This section defines the term "consultation"
and sets out the conditions under which a non-resident veterinarian can consult
in Texas. The amendments remove references to the previous Veterinary License
Act and refine the definition of "consultation." Other non-substantive word
changes are also proposed.
Mr. Ron Allen, Executive Director, has determined that for the first five-year
period the amended section is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
section. Mr. Allen has also determined that for the first five years the section
is in effect the public benefit anticipated as a result of enforcing the amended
section will be to enhance the public's knowledge of the conditions under
which non-resident veterinarians can consult on cases in Texas. There will
be no effect on small businesses. There will be no economic cost to persons
required to comply with the amended section as proposed.
Comments on the proposed amendments may be submitted in writing to Julie
Barker, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite
3-810, Austin, Texas 78701, phone (512) 305-7555, fax (512) 305-7556, and
must be received by April 30, 2003.
The amendments are proposed under the authority of the Veterinary
Licensing Act, Texas Occupations Code, §801.151 (a) which states that
the Board may adopt rules necessary to administer the chapter. The amendments
affect the Veterinary Licensing Act, Texas Occupations Code, §801.004
which pertains to veterinary consultations.
§573.9.Nonresident Consultants.
[
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 February 24, 2003.
TRD-200301360
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Earliest possible date of adoption: April 6, 2003
For further information, please call: (512) 305-7563
22 TAC §573.29
The Texas Board of Veterinary Medical Examiners ("Board")
proposes amendments to §573.29 concerning Complaint Information and Notice
to Clients. This proposed amendment sets out the new address and zip code
of the Board. The section also clarifies a listing of the acceptable ways
that a veterinarian can use to inform clients on how to file complaints with
the Board. The amendments provide the public with up-to-date information on
how to contact the Board and how the public can file complaints with the Board.
Mr. Ron Allen, Executive Director, has determined that for the first five-year
period the amended section is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
section. Mr. Allen has also determined that for the first five years the section
is in effect the public benefit anticipated as a result of enforcing the amended
section will be to enhance the public's knowledge of how to communicate with
the Board. There will be no effect on small businesses. There will be no economic
cost to persons required to comply with the amended section as proposed.
Comments on the proposed amendments may be submitted in writing to Julie
Barker, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite
3-810, Austin, Texas 78701, phone (512) 305-7555, fax (512) 305-7556, and
must be received by April 30, 2003.
The amendments are proposed under the authority of the Veterinary
Licensing Act, Texas Occupations Code, §801.151 (a) which states that
the Board may adopt rules necessary to administer the chapter. The amendments
affect the Veterinary Licensing Act, Texas Occupations Code, §801.203
relating to filing of complaints.
§573.29.Complaint Information and Notice to Clients.
(a)
A licensee shall provide an effective way to inform
clients and other visitors to the veterinary clinic or hospital of
[
(1)
the following specific address: Texas State Board of
Veterinary Medical Examiners [
(2)
the Board's telephone numbers: (512) 305-7555
;
[
(3)
a toll-free complaint information number
: [
(b)
Acceptable forms of providing the information in subsection
(a) of this section may include a:
[
(1)
written
notice form, with print size
of at least 14 point, prominently displayed in
the area of each clinic
or hospital
[
(2)
[
(3)
[
[
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 February 24, 2003.
TRD-200301363
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Earliest possible date of adoption: April 6, 2003
For further information, please call: (512) 305-7563
22 TAC §573.51
The Texas Board of Veterinary Medical Examiners ("Board")
proposes amendments to §573.51 concerning Rabies Control. Requirements
for rabies control and vaccinations are established by the Texas Health Department.
Since veterinarians administer rabies vaccinations, the Board has established §573.51
to include the Health Department's requirements for issuing rabies certificates,
and set out the conditions under which a non-licensed person may administer
a rabies vaccine. The section is amended to say that a non-licensed person
may administer a rabies vaccine and use a veterinarian's signature stamp on
a vaccination certificate only under the direct supervision of a veterinarian.
The Health Department is amending its rules to require that each veterinarian
issuing a rabies vaccination certificate must retain a copy of the certificate
for five years from the date of issuance. Accordingly, §573.51 is amended
to change the Board's retention requirement from three to five years.
Mr. Ron Allen, Executive Director, has determined that for the first five-year
period the amended section is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
section. Mr. Allen has also determined that for the first five years the section
is in effect the public benefit anticipated as a result of enforcing the amended
section will be to assure the public safety by directing that all vaccinations
must be done by a veterinarian or under the direct supervision of a veterinarian.
Extending the records retention time provides a longer history of an animal's
vaccinations in case the need for this knowledge ever arises. There will be
no effect on small businesses. There will be no economic cost to persons required
to comply with the amended section as proposed.
Comments on the proposed amendments may be submitted in writing to Julie
Barker, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite
3-810, Austin, Texas 78701, phone (512) 305-7555, fax (512) 305-7556, and
must be received by April 30, 2003.
The amendments are proposed under the authority of the Veterinary
Licensing Act, Texas Occupations Code, §801.151 (a) which states that
the Board may adopt rules necessary to administer the chapter. The amendments
affect the Veterinary Licensing Act, Texas Occupations Code, §801.002
which defines the practice of veterinary medicine.
§573.51.Rabies Control.
(a)
Only the vaccinating veterinarian shall issue official
rabies vaccination certificates.
Each certificate shall contain
[
(1)
owner's name, address and telephone number
;
[
(2)
animal identification
species, sex (including neutered
if applicable), approximate age (three months to 12 months, 12 months or
older), size (pounds), predominant breed, and colors;
[
(3)
vaccine used [
(4)
date vaccinated
;
[
(5)
date vaccination expires (re-vaccination due date);
[
(6)
rabies tag number if a tag is issued; and
[
(7)
veterinarian's signature or
signature stamp and license number. Use of a veterinarian's signature stamp
on a vaccination certificate by a non-licensed person shall be authorized
only under the direct supervision of the vaccinating veterinarian.
(b)
A veterinarian may allow a non-licensed
person
[
(c)
Each veterinarian that issues a rabies vaccination
certificate shall retain a copy of the certificate for a period of not less
than five years from the date of issuance.
[
(d)
A veterinarian having knowledge of an animal bite to a
human shall immediately report the incident to the local health authority.
A veterinarian preparing an animal's body for rabies diagnosis shall comply
with all requirements of 25 TAC §169.33 adopted by the Texas Department
of Health.
(e)
A veterinarian who ceases the practice of veterinary medicine
shall deliver to the local health authority all duplicate rabies vaccination
certificates issued by the veterinarian within the preceding
five
[
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 February 24, 2003.
TRD-200301364
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Earliest possible date of adoption: April 6, 2003
For further information, please call: (512) 305-7563
Pursuant to the Act, 3 (e), consultation is defined as the act
of rendering professional advice about a specific case. Consultations are
limited to diagnosis and prognosis, and do not include treatment or surgery.
]
Veterinarians licensed in
[
Licensed veterinary practitioners
from
] other states may enter the State of Texas for purposes of consultation
[
on an individual case basis for a specific purpose
].
For
purposes of this section, "consultation" means the act of rendering professional
advice (diagnosis and prognosis) about a specific veterinary medical case,
but does not include treatment or surgery.
Nonresident consultants may
not establish a routine visit schedule of
consultations
[
consults
] in Texas. Consultants must, at all times, consult under the
direct supervision of a
Texas
veterinarian [
licensed in this
State
].
Subchapter C. RESPONSIBILITIES TO CLIENTS
his/her consumers and recipients of services about
] how to file complaints
with the Board [
about his/her services
]. The
licensee
[
notification
] must
provide
: [
contain
]
,
] 333 Guadalupe, Suite
3-810
[
2-330
], Austin, Texas 78701-
3942
[
1998
];
,
] fax: (512) 305-7556;
and
Toll-free Complaint Information Number
] 1-800-821-3205.
Some examples of acceptable
forms of notification are: a
]
each business location in the area
] that is
most frequented by the public;
a
] brochure available in
the
area of each clinic or hospital
[
each business location in the
area
] that is most frequented by the public;
or
[
and/or
]
a
] statement on each written bill,
invoice or receipt.
(c)
Failure to have an effective
means for providing the information required in this section, or failing to
provide the information to a member of the public, is a violation of this
rule and the Act.]
Subchapter F. RECORDS KEEPING
The veterinarian will ensure that each rabies vaccination certificate contains
] the information required by 25 TAC §169.29 adopted by the Texas
Department of Health, including:
.
]
(species,
sex, age, size (pounds), predominate breed and color.
]
,
] producer, expiration date and
serial number
;
[
.
]
.
]
rabies tag number if a tag is issued.
]
veterinarian's signature or signature stamp and license number. A veterinarian
shall only allow use of his/her signature stamp on a rabies vaccination certificate
by a non-licensed employee under his/her direct supervision. Use of a veterinarian's
signature stamp on a rabies vaccination certificate by any other person not
under the veterinarian's direct supervision may be grounds for disciplinary
action.
]
employee
] to administer a rabies vaccine, provided the non-licensed
person
[
employee
] is under the direct supervision of the
veterinarian.
Each Texas licensed
veterinarian shall keep a copy of each rabies vaccination certification he/she
has issued for a minimum of three years.
]
three
]-year period. A veterinarian who sells or leases his [
/her
] practice to another [
licensed
] veterinarian may transfer
duplicate rabies certificates with the records of the practice which are transferred
to a new owner.