PART 24. TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS
CHAPTER 573. RULES OF PROFESSIONAL CONDUCT
SUBCHAPTER F. RECORDS KEEPING
The Texas Board of Veterinary Medical Examiners proposes an amendment to §573.51, regarding rabies control.
The proposed amendment would allow a licensed veterinarian to use an electronic signature on rabies certificates. In addition, it would require any licensed veterinarian who wishes to delegate the use of an electronic signature pad to a non-licensed employee to do so 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.
§573.51.Rabies Control.
(a) Only the vaccinating veterinarian shall issue official rabies vaccination certificates. Each certificate shall contain the information required by 25 TAC §169.29 adopted by the Department of State Health Services, including:
(1) - (6) (No change.)
(7) veterinarian's signature, or electronic signature, or signature stamp and license number. Use of a veterinarian's signature stamp, or electronic signature pad on a vaccination certificate by a non-licensed person shall be authorized only under the direct supervision of the vaccinating veterinarian.
(b) - (e) (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 July 16, 2008.
TRD-200803620
Loris Jones
Executive Assistant
Texas Board of Veterinary Medical Examiners
Earliest possible date of adoption: August 31, 2008
For further information, please call: (512) 305-7563
The Texas Board of Veterinary Medical Examiners proposes an amendment to §575.27, regarding the receipt of complaints by the Board.
The proposed amendment would add a requirement the Board would not investigate complaints after three years from the date the complainant knew or should of known of the potential violation. The requirement is currently in Board policy.
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 focus the Board's time and resources on complaints where the memory of witnesses are potentially fresh and records are more likely to continue to be in existence to aid in the determination of a violation.
Mr. Helmcamp has also determined there will be no direct adverse effect on small businesses or micro-businesses because the rule continues what is the Board's current policy.
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.
§575.27.Complaints--Receipt.
(a) Complaints against licensees.
(1) - (5) (No change.)
(6) The board shall not investigate complaints after three years from the date the complainant knew or should of known of the potential violation.
(b) - (d) (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 July 16, 2008.
TRD-200803621
Loris Jones
Executive Assistant
Texas Board of Veterinary Medical Examiners
Earliest possible date of adoption: August 31, 2008
For further information, please call: (512) 305-7563