Texas Board of Veterinary Medical Examiners Practice and Procedure 22 TAC §575.50

The Texas Board of Veterinary Medical Examiners (Board) proposes an amendment to §575.50, concerning Criminal Convictions.

The proposed amendment to §575.50 is intended to make the Board's procedures regarding discipline of licensees who are convicted of a crime apply to all licensees, veterinarians and equine dental providers alike. 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.

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 increased cost to state government required to enforce the rules for licensed equine dental providers, but those costs will be offset by the reduction in cost of the amounts the Board previously spent on enforcing the unlicensed practice of veterinary medicine by unlicensed equine dentists. 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 determined that some equine dental providers, including micro-businesses operating as equine dental provider practices, who are convicted of a crime and thereby become subject to discipline by the Board, will experience a minor economic cost increase associated with complying with the proposed rule for each year of the first five years that the rule is in effect, due to the costs associated with the Board's disciplinary process, but the legal employment and advertising opportunities that come with licensure should outweigh these costs. The Board estimates that there are approximately 30 equine dental provider micro-businesses in Texas. The proposed rules regarding equine dental providers are necessary to implement HB 414, which required that equine dental providers be licensed and regulated by the Board. In HB 414, the Texas Legislature itself set many of the parameters that are creating costs for equine dental providers under the proposed rule revisions including, but not limited to, the requirement that equine dental providers uphold the same standard of care as licensed veterinarians. Thus, the Board determined that there are no legal and feasible alternatives or other less expensive methods of regulating and disciplining licensed equine dental providers than through the Board's established disciplinary process. The proposed amendment will not cause any increased costs for licensed veterinarians.

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, and will be protected from equine dental providers who violate the Board's rules by the Board's disciplinary process.

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.

§575.50.Criminal Convictions.

(a) In a process under Chapter 53, Occupations Code, the Board may suspend or revoke an existing license, disqualify a person from receiving a license, or deny a person the opportunity to be examined for a license because of a person's conviction of a felony or misdemeanor if the crime directly relates to the duties and responsibilities of a veterinarian. This subsection applies to persons who are not imprisoned at the time the Board considers the conviction.

(b) The Board shall revoke a license upon the imprisonment of a licensee following a felony conviction or revocation or felony community supervision, parole, or mandatory supervision. A person currently incarcerated because of a felony conviction may not sit for license examination, obtain a license under the Veterinary Licensing Act, Occupations Code, Chapter 801, or renew a previously issued license [ to practice veterinary medicine ].

(c) The Board shall, in determining whether a criminal conviction directly relates to the duties and responsibilities of a licensee [ veterinarian ], consider the factors listed in the Occupations Code, §53.022.

(d) In determining the present fitness to perform the duties and discharge the responsibilities of a licensee [ veterinarian ] who has been convicted of a crime, the Board shall consider, in addition to the factors referenced in subsection (c) of this section, the factors listed in the Occupations Code, §53.023.

(e) Both the [ The ] practice of veterinary medicine and the practice of equine dentistry place [ places ] the licensee [ veterinarian ] in a position of public trust. A licensee [ veterinarian ] practices in an autonomous role in the treating and safekeeping of animals; [ prescribing, administering and safely storing controlled substances; ] preparing and safeguarding confidential records and information; and accepting client funds. The following crimes relate to the practices [ practice ] of veterinary medicine and equine dentistry . The commission of each indicates a violation of the public trust, and a lack of integrity and respect for one's fellow human beings and the community at large.

(1) any felony or misdemeanor conviction of which fraud, dishonesty or deceit is an essential element;

(2) any criminal violation of the Veterinary Licensing Act, or other statutes regulating or pertaining to the practice or profession of veterinary medicine or equine dentistry ;

(3) any criminal violation of statutes regulating other professions in the healing arts;

(4) deceptive business practices;

(5) a misdemeanor or felony offense involving:

(A) murder;

(B) assault;

(C) burglary;

(D) robbery;

(E) theft;

(F) sexual assault;

(G) injury to a child or to an elderly person;

(H) child abuse or neglect;

(I) tampering with a government record;

(J) animal cruelty;

(K) forgery;

(L) perjury;

(M) bribery;

(N) mail fraud;

(O) diversion or abuse of controlled substances, dangerous drug, or narcotic; or

(P) other misdemeanors or felonies, including violations of the Penal Code, Titles 4, 5, 7, 9, and 10, which indicate an inability or tendency of the person to be unable to perform as a licensee or to be unfit for licensure, if action by the Board will promote the intent of the Veterinary Licensing Act, Board rules, including this chapter, and the Occupations Code, Chapter 53.

(f) Notwithstanding the provisions of subsections (a) - [ through ] (e) of this section, the Board shall suspend or revoke a licensee's [ veterinarian's ] license in accordance with the Occupations Code, §801.406, where the licensee [ veterinarian ] has been convicted of a felony under the Health and Safety Code, §485.033, or the Health and Safety Code, Chapter 481 or 483.

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-201200578

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