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.
§573.30.Advertising.
A licensee may not engage in advertising that is false, deceptive, or misleading. A false, deceptive, or misleading advertising statement or claim includes, without limitation:
(1) a prediction of future success or a guarantee that satisfaction or a cure will result from the performance of the advertised professional services;
(2) illegal transactions;
(3) a representation or implication that the announced services or facilities are superior in quality to those of other licensees which is not subject to reasonable verification by the public and/or would tend to create a false impression of the qualities of the professional services or facilities;
(4) a statement or implication that a veterinarian is a certified or recognized specialist unless the veterinarian is board certified as recognized by the American Veterinary Medical Association in such specialty;
(5) a claim that intends to create or is likely to create an inflated or unjustified expectation; or
(6) an expressed or implied material misrepresentation of fact.
§573.32.Specialty Listings.
A veterinarian holding a current certificate of special competence in a particular field of veterinary medicine issued by the respective specialty boards in veterinary medicine, recognized by the American Veterinary Medical Association, may state in reputable veterinary directories, advertising or notices mailed to veterinarians, clients, former clients, personal friends, and relatives; the yellow pages of telephone directories distributed in the geographical area or areas in which the veterinarian resides or maintains offices or had his/her primary practice; and on professional cards or letterhead that he/she is certified in a particular field in the following words: "Board Certified (e.g., Veterinary Radiology)." A veterinarian must indicate his or her specialty whenever the veterinarian indicates that he or she is a specialist.
§573.33.Display of Degree, Certificate, or Title from Approved Institutions Only.
A licensee shall not use or display any college degree, certificate, or title pertaining to veterinary medicine or equine dentistry granted by any institution not approved by the Texas State Board of Veterinary Medical Examiners.
§573.34.Authorized Degrees, Certificates, or Titles Only.
A licensee shall not use any certificate, college degree, or title to which he or she is not entitled.
§573.35.Display of License.
Each licensee, including a relief veterinarian, shall post or display at the licensee's practice location, whether mobile or fixed, his or her Board license and the most recent license renewal certificate. These documents must be displayed where they are visible to the public. A legible photocopy of the original documents is acceptable.
§573.36.Corporate and Assumed Names.
Licensees shall not use a corporate or assumed name for their practice which would be false, deceptive, or misleading to the public.
§573.37.Ban on Use of Solicitors.
A licensee shall not participate in arrangements which share the proceeds from professional services with individuals who may have been instrumental in his or her having been selected to perform the particular service.
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-201200126
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