The new rules are proposed under the authority of the Veterinary Licensing Act, Texas Occupations Code, §801.151, which states that the Board may adopt rules necessary to administer the chapter; may adopt rules of professional conduct appropriate to establish and maintain a high standard of integrity, skills, and practice in the veterinary medicine profession; may adopt rules to protect the public; and may adopt rules to ensure that equine dentistry is performed only by a veterinarian who is active and in good standing or by a licensed equine dental provider who is active and in good standing under the appropriate level of supervision of a veterinarian who is active and in good standing and who has established a veterinarian-client-patient relationship with the owner or other caretaker of an animal. The rules are also proposed under the authority of the Veterinary Licensing Act, Texas Occupations Code, §801.501, which states that the Board by rule shall develop a system of monitoring a license holder's compliance with the requirements of the Veterinary Licensing Act; §801.356, which states that the Board by rule may establish the conditions under which a veterinarian may operate temporary limited-service veterinary clinics; §801.307, which allows the Board by rule to establish a minimum number of continuing education hours required to renew a license to practice veterinary medicine; and §801.203, which allows the Board by rule to establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the Board for the purpose of directing complaints to the Board.
Texas Occupations Code, Chapter 801, is affected by this proposal.
§573.2.Avoidance of Encroachment on Another's Practice.
A licensee may not make any effort, direct or indirect, which in any manner is calculated to influence the sound professional judgment of another licensee. It is the right of any licensee, without fear or favor, to give proper advice to those seeking relief against substandard or neglectful veterinary or equine dentistry services, to make a complaint to the Board, or to act as a witness in a Board investigation or a contested hearing.
§573.3.Exposure of Corrupt or Dishonest Conduct.
Licensees shall expose without fear or favor before the proper tribunal or the State Board of Veterinary Medical Examiners corrupt or dishonest conduct by other licensees.
§573.4.Adherence to the Law.
No licensee shall commit any act that is in violation of the laws of the State of Texas, other states, or of the United States, if the act is connected with the licensee's professional practice, including, but not limited to, the acts enumerated in §575.50(e) of this title (relating to Criminal Convictions). A complaint, indictment, or conviction of a law violation is not necessary for the enforcement of this rule. Proof of the commission of the act while in the practice of, or under the guise of the practice of, either veterinary medicine or equine dentistry, is sufficient for action by the Board under this rule.
§573.5.Avoidance of Corruption of Others.
A licensee shall not render any service or advice directed toward the corruption of any person or persons exercising a public office or private trust, or deception, or betrayal of the public.
§573.6.Restriction of Partnerships to Members of Veterinary Profession.
In the formation of partnerships for the practice of veterinary medicine, no person shall be admitted as a partner who is not a member of the veterinary profession, duly authorized to practice, and amenable to professional discipline. No person shall be held out as a practitioner of veterinary medicine or a member of the firm who is not so admitted. In the selection and use of a firm name, no false or misleading name shall be used. Partnerships between veterinarians and members of other professions or nonprofessional persons shall not be formed or permitted if a part of the partnership employment consists of the practice of veterinary medicine.
§573.7.No Abuse of Position or Trust.
Any licensee who uses present or past position, or office of trust, deliberately to create an individual professional advantage, or to coerce, or to deceive the public shall be in violation of the rules of professional conduct. A licensee may not influence, or attempt to influence, the statement, response, or opinion of any person, licensed or unlicensed, to the Board if the Board has requested the statement or opinion.
§573.8.Loss of Accreditation.
A licensee whose accreditation or license has been revoked or suspended by a state or federal authority is subject to disciplinary action by the Board. A licensee must report any accreditation, licensure, certification, or registration revocation or suspension to the Board within 30 business days.
§573.9.Nonresident Consultants.
Veterinarians licensed in other states may enter the State of Texas, whether in person, by mail, or by electronic means, for purposes of consultation. Nonresident consultants may not establish a routine visit schedule of consultations in Texas. Consultants must, at all times, consult under the direct supervision of a Texas veterinarian.
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 January 12, 2012.
TRD-201200123
Loris Jones
Executive Assistant
Texas Board of Veterinary Medical Examiners
Earliest possible date of adoption: February 26, 2012
For further information, please call: (512) 305-7563