The Texas Board of Veterinary Medical Examiners (Board) proposes an amendment to §575.40, concerning Cease and Desist Procedures.
The proposed amendment to §575.40 is intended to make the Board's procedures for the prosecution of unlicensed practice apply to individuals practicing either equine dentistry or veterinary medicine without a license. The proposed amendment is necessitated by House Bill (HB) 414, 82nd Legislative Session, which gave the Board the authority to license and regulate equine dental providers. The proposed amendment also includes minor corrections to capitalization.
Nicole Oria, Executive Director, Texas Board of Veterinary Medical Examiners, has determined that for each year of the first five years that the proposed rule is in effect, there will be no increased cost to state government required to enforce the proposed rule because the Board has previously been investigating and enforcing the unlicensed practice of equine dentistry. Ms. Oria does not anticipate any fiscal implications for local government as a result of the proposed rule. Moreover, Ms. Oria has determined that there will be no local employment impact as a result of adoption of the proposed rule.
Ms. Oria has also determined that for each year of the first five years the rule is in effect, the anticipated public benefit is that the public will be able to rely on the training and quality of service from the regulation of licensed equine dental providers. Ms. Oria has determined that there will be no change in economic cost to individuals required to comply with the rule. Ms. Oria has determined that there will be no measurable effect on small businesses and micro businesses. There is no anticipated difference in cost of compliance between small and large businesses.
The Texas Board of Veterinary Medical Examiners invites comments on the proposed amendment 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) 305-7574, 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, and §801.151(c)(1), which states that the Board shall adopt rules to protect the public.
Occupations Code, Chapter 801, is affected by this proposal.
§575.40.Cease and Desist Procedures.
(a)
Purpose. The purpose of a cease and desist proceeding
is to determine whether a person has engaged in acts or practices
that constitute the practice of veterinary medicine
or the practice
of equine dentistry
without a license ("respondent") in violation
of Chapter 801 of the Occupations Code ("Veterinary Licensing Act")
and whether the Board should issue a cease and desist order in accordance
with the Veterinary Licensing Act, §801.508. The purpose of this
section is to establish procedures for the handling of complaints
regarding the unlicensed practice of medicine and other violations
of the Veterinary Licensing Act, a rule adopted by the
Board
[
board
], or another statute relating to the practice of veterinary
medicine
or equine dentistry
by a person who is not licensed
by the
Board
[
board
] in accordance with Chapter
801 of the Veterinary Licensing Act.
(b) Form of Complaint. Notwithstanding §575.27 of this title (relating to Complaints--Receipt) to the contrary, a complaint of someone practicing veterinary medicine or equine dentistry without a license does not have to be submitted on a complaint form utilized by the Board. However, a complainant must submit some form of written documentation to the Board.
(c) Staff Committee Action.
(1) Upon the Board's receipt of a complaint and after a determination that a respondent may have engaged in the unlicensed practice of veterinary medicine or the practice of equine dentistry , a staff committee as defined in §575.27 of this title may propose an agreed cease and desist order ("the order") to be presented to the respondent.
(2) If the respondent signs the order, it shall be effective and enforceable against the respondent upon receipt by the Board, but it shall not become final until approved by the Board.
(d) Informal Conference.
(1) If the Respondent chooses not to sign the order and requests a conference, or if the respondent does not respond after receipt of the order, the complaint shall be referred to an informal conference as defined by §575.27 of this title. If the conference committee determines that a violation of the Veterinary Licensing Act has occurred, it may propose an agreed cease and desist order with such settlement terms as it considers appropriate.
(2) If the respondent declines to sign the order, the Board may refer the complaint and investigative file to the State Office of Administrative Hearings for a contested case proceeding. Following the proceeding and issuance of a proposal for decision by the administrative law judge, the Board may take such action as appropriate.
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 3, 2012.
TRD-201200577
Loris Jones
Executive Assistant
Texas Board of Veterinary Medical Examiners
Earliest possible date of adoption: March 18, 2012
For further information, please call: (512) 305-7563