The Texas Board of Veterinary Medical Examiners (Board) proposes an amendment to §571.11, concerning Provisional Veterinary Licensure.
The proposed amendment to §571.11 clarifies that the provision applies only to veterinary licensees, and not to equine dental provider licensees. The proposed 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 Legislature did not extend provisional licensing to equine dental providers; under Texas Occupations Code §801.257, only veterinarians can obtain provisional licenses.
Proposed §571.11 is also amended to include a new subsection allowing veterinarians who are the spouses of active-duty members of the United States armed forces, and who have been licensed in Texas within the preceding five years but whose license has been cancelled for failure to renew while the licensee lived in another state for at least six months, to attain a provisional license. This proposed amendment is intended to fulfill the mandate of Senate Bill (SB) 1733, 82nd Legislative Session, which requires that state agencies adopt rules for the issuance of licenses to licensees who have been licensed in Texas within the past five years but have allowed the license to expire while living in another state for six months and are spouses of active-duty members of the armed forces, with "alternative demonstrations of competency" to meet the requirements for obtaining the license. The Board has determined that allowing a military spouse meeting the requirements described above to return to licensure through a provisional license without having to go before the Board to petition for licensure is an appropriate "alternative demonstration of competency" in accordance with SB 1733. Because the military spouses applying for a provisional veterinary license under proposed amended §571.11 will already have been licensed and therefore will have already provided the Board with much of the information necessary for a provisional license, the list of information required for the provisional license has been removed. This proposed amendment is intended to remove any confusion or redundancy in documentation requirements, and does not represent a change in Board policy.
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 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, and to allow military spouses previously licensed in Texas to return to Texas and reinstate their licenses more quickly and easily. Ms. Oria has determined that there will be no increased 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.
§571.11.Provisional Veterinary Licensure.
(a) The Board may issue a provisional veterinary license to a person seeking regular veterinary licensure in Texas. The Board may not issue, reissue, extend, or renew a provisional veterinary license to an individual who has previously taken and failed any examination offered by the Board and required to obtain a Texas veterinary license.
(b) The Board may grant a provisional veterinary license containing specific practice restrictions to a person who meets the following criteria:
(1) present proof of a current active license in good standing in another state or jurisdiction of the United States that has licensing requirements substantially equivalent to the requirements of the Veterinary Licensing Act, Texas Occupations Code Chapter 801;
(2) proof of receipt of a passing score on the national examination or NAVLE, except that the Board may, upon written petition of the applicant, provide an exception to this requirement based on the applicant's satisfaction of the other requirements of this section and consideration of factors set out in §571.5(c) of this title (relating to Qualifications for Veterinary License);
(3) a passing score of 85 percent on the Board's jurisprudence examination;
(4) payment of the required application fee;
(5) proof of graduation from a college of veterinary medicine accredited by the Council on Education of the American Veterinary Medical Association (AVMA) or an Educational Commission for Foreign Veterinary Graduates (ECFVG) Certificate or a Program for Assessment of Veterinary Education Equivalence (PAVE) Certificate; and
(6) proof of veterinary experience, which may be satisfied by letter of reference from at least two licensed veterinary employers or licensed veterinary colleagues with direct knowledge of the applicant's veterinary practice and experience.
(c) The Board's Executive Director will issue a provisional veterinary license to an applicant following verification of the requirements set out in subsection (b) of this section and receipt of the documents and fee required in subsection (d) of this section.
(d) An applicant for a provisional veterinary license
must submit completed information on an application form designated
by the Board, together with the [following
] required supporting documentation.[:]
[(1) a letter of good standing from
each jurisdiction in which the applicant is currently licensed or
has been previously licensed;]
[(2) a certified copy of the applicant's
veterinary school transcript including a graduation date;]
[(3) a certified copy of the applicant's
birth certificate;]
[(4) a certified report from the official
reporting service verifying that the applicant passed the national
examination or the NAVLE, subject to a petition by the applicant for
an exception to this requirement in accordance with subsection (b)(2)
of this section; and]
[(5) an application fee in an amount
set by the Board and contained in §577.15 of this title (relating
to Fee Schedule).]
(e) An applicant for a veterinary license, who is the spouse of an active duty member of the United States armed forces and held a veterinary license in this state within the preceding five years that was cancelled for failure to renew while the applicant lived in another state for at least six months, may apply for a provisional license and is exempt from the requirements of subsection (b) of this section, except that the applicant must attain a passing score of 85 percent on the Board's jurisprudence examination, and pay the required application fee.
(f) [(e)] A provisional
veterinary license is valid until the earlier of:
(1) 14 days after the first available regularly scheduled SBE;
(2) announcement of the results of the first available SBE; or
(3) cancellation, if the provisional licensee fails to appear at the first available regularly scheduled SBE held after the issuance of the provisional license.
(g) [(f)] The Board shall process
any additional requirements necessary to complete a provisional
veterinary licensee's application for regular licensure within 180 days
after the issuance of a provisional veterinary license.
The Board is not required to conduct a licensure examination if a
regularly scheduled SBE does not occur within the 180-day period.
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-201200364
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