The Texas Board of Veterinary Medical Examiners (Board) proposes an amendment to §571.7, concerning Veterinary Licensing Eligibility.
The amendment to §571.7 clarifies that the provision applies only to veterinary licensees, and not to equine dental provider licensees. These amendments are necessitated by House Bill (HB) 414, 82nd Legislative Session, which gave the Board the authority to license and regulate equine dental providers. The proposed changes do not alter the substance or meaning of the rule. Other minor changes have been made to conform references in §571.7 to renumbered definitions in §571.1, also proposed elsewhere in this issue of the Texas Register.
Nicole Oria, Executive Director, has determined that for each year of the first five years that the rule is in effect there will be no additional costs to state or local governments as a result of enforcing or administering the rule as proposed. Ms. Oria has determined that there will be no reduction in costs for either state or local governments as a result of enforcing or administering this rule. Ms. Oria has further determined that there will be no loss or increase in revenue to the state or to local governments as a result of enforcing or administering the 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 will be to clarify the Board's requirements for licensure of veterinarians. Ms. Oria has determined that there will be no additional economic cost to individuals required to comply with the amended 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, 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 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.
Texas Occupations Code, Chapter 801, is affected by this proposal.
§571.7.Veterinary Licensing Eligibility.
(a) An applicant for a veterinary license may apply for the SBE provided that the applicant is a graduate of an approved and accredited veterinary medical school or college, as defined in §571.1(9) of this title (relating to Definitions).
(b) An applicant for a veterinary license may sit for the NAVLE provided that the applicant is a graduate of:
(1) an approved and accredited veterinary medical school
or college, as defined in §571.1(10) [(9)]
of this title; or
(2) a veterinary medical school or college not approved and accredited, but who is enrolled in the ECFVG or PAVE certification program, and meets the requirements of subsection (c) of this section, if applicable.
(c) When applying for the NAVLE through NBVME, an applicant who is a graduate of a veterinary medical school or college not approved and accredited, and is enrolled in the ECFVG or PAVE certification program, shall submit proof that the applicant passed all English language proficiency tests required by the certification program of choice and must have completed all other requirements of each program to be considered eligible to apply for the NAVLE.
(d) A person must first take and pass the national examination or the NAVLE in order to apply for the SBE.
(e) A candidate for the NAVLE must take the examination within the testing window in which the candidate is authorized for testing. A candidate, who fails to take the examination within the appropriate testing window or fails to obtain a passing score on NAVLE, and desires to take the examination during a subsequent testing window must comply with NBVME application requirements.
(f) Eligibility Prior to Graduation. An applicant for a veterinary license who has not graduated from veterinary medical school may apply for the SBE provided the following conditions have been met:
(1) An applicant must be enrolled in an approved and
accredited veterinary medical school or college as defined in §571.1
(10) [(9)] of this title and must obtain a document
from the dean of the school or college from which the applicant expects
to graduate certifying that the applicant is within 60 days of completion
of a veterinary college program and is expected to graduate.
(2) An applicant enrolled in a joint or combined degree program who has completed the applicant's veterinary medical education but has not received a diploma or transcript certifying the award of the applicant's DVM degree, must obtain a letter from the dean of the school or college of veterinary medicine stating that the applicant did in fact graduate before the applicant is eligible to sit for the SBE.
(3) To apply for the NAVLE through NBVME, a candidate shall, at the time an application is submitted, demonstrate that the candidate is:
(A) a student enrolled in an approved and accredited
school or college of veterinary medicine as defined in §571.1
(10) [(9)
] of this title, and who has submitted a document
from the dean of the school or college from which the student expects
to graduate, certifying that the applicant is within eight months
of the student's expected graduation date and is expected to graduate,
and has demonstrated compliance with all of the NBVME's testing requirements
for the NAVLE; or
(B) a graduate of a school or college of veterinary medicine not approved and accredited, who is enrolled in the ECFVG or PAVE certification program and shall submit proof that the applicant passed all English language proficiency tests required by the certification program of choice and must have completed all other requirements of each program.
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-201200362
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