The Texas Board of Veterinary Medical Examiners (Board) proposes new §571.6, concerning Qualifications for Equine Dental Provider Licensure.
Proposed new §571.6 sets requirements for licensure for equine dental providers. With respect to structure and passing score on the jurisprudence examination, the proposed new rule parallels §571.5, which sets the requirements for veterinary licensure. The other requirements in proposed new §571.6 for licensure of equine dental providers were created by the Texas Legislature in House Bill (HB) 414, 82nd Legislative Session, and codified in Texas Occupations Code §801.261.
Nicole Oria, Executive Director, has determined that for each year of the first five years that the proposed rule is in effect, there will be minimal increased costs to state government required to conduct licensing examinations and review licensing applications for the newly licensed equine dental providers. The increased cost to the state required to enforce the rules for licensed equine dental providers will be offset by the reduction in costs that 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 equine dental providers, including micro-businesses operating as equine dental provider practices, will incur minor economic costs associated with complying with the proposed rule for each of the first five years that the rule is in effect, due to the costs associated with the licensure fees and time required to take the Board's jurisprudence examination for equine dental providers, 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 rule regarding equine dental providers is 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 take a jurisprudence examination prior to licensure. Thus, the Board determined that there are no legal and feasible alternatives or other less expensive methods of regulating equine dental providers without requiring them to take a jurisprudence examination and incur the resulting costs.
Ms. Oria has also determined that for each year of the first five years the rule is in effect, the public benefit anticipated as a result of the proposed revisions is that the public will be able to rely on the training and quality of service from the regulation of licensed equine dental providers.
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, Suite 3-810, Austin, Texas 78701-3942, by facsimile (FAX) to (512) 305-7574, or by e-mail to vet.board@tbvme.state.tx.us. Comments will be accepted for 30 days following publication in the Texas Register.
The new rule 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(e), which states that the Board shall adopt rules to implement a jurisprudence examination for licensed equine dental providers.
Texas Occupations Code, Chapter 801, is affected by this proposal.
§571.6.Qualifications for Equine Dental Provider License.
(a) To be eligible for licensure as an equine dental provider, an applicant must present satisfactory proof to the Board that the applicant:
(1) has obtained at least a passing score of 85 on the EDPE; and
(2) is certified by the International Association of Equine Dentists or other Board-approved entity.
(b) The Board may refuse to issue an equine dental provider license to an applicant who meets the qualification criteria but is otherwise disqualified as provided in the Texas Occupations Code, §801.401.
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 26, 2012.
TRD-201200361
Loris Jones
Executive Assistant
Texas Board of Veterinary Medical Examiners
Earliest possible date of adoption: March 11, 2012
For further information, please call: (512) 305-7563