TITLE 22.EXAMINING BOARDS

Part 24. TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS

Chapter 573. RULES OF PROFESSIONAL CONDUCT

Subchapter C. RESPONSIBILITIES TO CLIENTS

22 TAC §573.20

The Texas Board of Veterinary Medical Examiners adopts amendments to §573.20, concerning Responsibility for Acceptance of Medical Care, without changes to the proposed text as published in the November 5, 2004, issue of the Texas Register (29 TexReg 10198).

The amendments clarify a situation where a client specifically asks that a particular veterinarian diagnose and/or treat the client's animal. This issue may become important in a situation where the initial veterinarian seen by the client is not the one that actually treats the client's animal. The amended rule requires that when a client makes a specific request for the services of a certain veterinarian, the veterinarian must inform the client if the veterinarian reasonably believes that another veterinarian may perform some or all of the diagnosis and/or treatment of the patient. The amendments will improve the understanding of clients as to who may treat his or her pet.

No comments were received concerning the amendments.

The amended section is adopted under the authority of the Occupations Code, §801.151(a), which authorizes the Board to adopt rules necessary to administer the Veterinary Licensing Act.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 2, 2005.

TRD-200500950

Julie A. Barker

Executive Assistant

Texas Board of Veterinary Medical Examiners

Effective date: March 22, 2005

Proposal publication date: November 5, 2004

For further information, please call: (512) 305-7555


Subchapter G. OTHER PROVISIONS

22 TAC §573.62

The Texas Board of Veterinary Medical Examiners adopts amendments to §573.62, concerning Violation of Board Orders/Negotiated Settlements, without changes to the proposed text as published in the November 5, 2004, issue of the Texas Register (29 TexReg 10198).

The amendments specifically require that persons who are the subject of a Board order shall abide by the terms of the order. If a person violates this directive, the Board may immediately refer the person to the Attorney General for prosecution under the Veterinary Licensing Act, or, alternatively, open an administrative complaint against the person. These provisions strengthen the Board's ability to prosecute persons who violate Board orders and negotiated settlements.

No comments were received concerning the amendments.

The amended section is adopted under the authority of the Occupations Code, §801.151(a), which authorizes the Board to adopt rules necessary to administer the Veterinary Licensing Act.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 2, 2005.

TRD-200500951

Julie A. Barker

Executive Assistant

Texas Board of Veterinary Medical Examiners

Effective date: March 22, 2005

Proposal publication date: November 5, 2004

For further information, please call: (512) 305-7555


Chapter 577. GENERAL ADMINISTRATIVE DUTIES

Subchapter A. BOARD MEMBERS AND MEETINGS--DUTIES

22 TAC §577.2

The Texas Board of Veterinary Medical Examiners adopts amendments to §577.2 concerning Meetings, without changes to the proposed text as published in the November 5, 2004, issue of the Texas Register (29 TexReg 10199). The amendments clarify the question of who shall preside at meetings of the Board; when and by whom meetings may be called; what constitutes a quorum and affirmative vote of the Board members; and recusal of a Board member. The amended section provides the public with a better understanding of the Board's procedures.

No comments were received concerning the amendments.

The amended section is adopted under the authority of the Occupations Code, §801.151 (a), which authorizes the Board to adopt rules necessary to administer the Veterinary Licensing Act.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 2, 2005.

TRD-200500956

Julie A. Barker

Executive Assistant

Texas Board of Veterinary Medical Examiners

Effective date: March 22, 2005

Proposal publication date: November 5, 2004

For further information, please call: (512) 305-7555


Subchapter B. STAFF AND MISCELLANEOUS

22 TAC §577.13

The Texas Board of Veterinary Medical Examiners adopts the repeal of §577.13 concerning Inspection of Public Records Under the Open Records Act, without changes to the proposed text as published in the November 5, 2004, issue of the Texas Register (29 TexReg 10200). The section is repealed because much of it duplicates the Texas Public Information Act and Veterinary Licensing Act, and is unnecessary.

No comments were received concerning the amendments.

The section is repealed under the authority of the Occupations Code, §801.151 (a), which authorizes the Board to adopt rules necessary to administer the Veterinary Licensing Act.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 2, 2005.

TRD-200500957

Julie A. Barker

Executive Assistant

Texas Board of Veterinary Medical Examiners

Effective date: March 22, 2005

Proposal publication date: November 5, 2004

For further information, please call: (512) 305-7555