Texas Board of Veterinary Medical Examiners Licensing 22 TAC §571.15

The Texas Board of Veterinary Medical Examiners (Board) proposes an amendment to §571.15, concerning Temporary Veterinary License.

The proposed amendment to §571.15 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 temporary licenses to equine dental providers; under Texas Occupations Code §801.258, only veterinarians can obtain temporary licenses.

The proposed amendment also contains changes necessitated by Senate Bill (SB) 811, which amended Texas Occupations Code §801.258 to allow veterinarians to obtain temporary licenses if they had been licensed in good standing in a foreign country, and removed the requirement that a veterinarian seeking a temporary license first pass the Board's jurisprudence examination. Other minor changes have been made to correct capitalization.

Nicole Oria, Executive Director, has determined that for each year of the first five years that the rule is in effect there will be minor increases in costs to state government associated with more veterinarians seeking temporary licensure, but that those costs will be offset by additional revenues from the fees paid by the veterinarians seeking temporary licensure. Ms. Oria does not anticipate any additional costs to 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 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 allow consulting veterinarians, who are often specialists, to obtain a temporary veterinary license more easily and quickly, which should enhance the quality and variety of veterinary medical care available in Texas. Ms. Oria has determined that there will be the minor economic cost of licensing fees to individuals required to comply with the rule, but those costs should be offset by the professional fees the veterinarians will obtain from consulting or practicing veterinary medicine in Texas on a temporary basis. Ms. Oria has determined that there will be no negative effect on small businesses and micro businesses. Indeed, there may be a minor positive effect for small and micro businesses, as small veterinary practices will be able to obtain temporary licenses for consulting veterinarians from foreign states or countries more easily under the revised rule. 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, and §801.258, which states that the Board by rule may provide for the issuance of a temporary license to practice veterinary medicine.

Texas Occupations Code, Chapter 801, is affected by this proposal.

§571.15.Temporary Veterinary License.

(a) The board may issue a temporary veterinary license to an applicant who:

(1) is at the age of majority; and

(2) is a graduate of a school or college of veterinary medicine that is approved by the Board and accredited by the Council on Education of the American Veterinary Medical Association (AVMA); or

(3) is a graduate of a school or college of veterinary medicine not accredited by the Council on Education of the AVMA and presents satisfactory proof to the Board that the applicant is a graduate of a school or college of veterinary medicine and possesses an Educational Commission for Foreign Veterinary Graduates (ECFVG) Certificate or a Program for Assessment of Veterinary Education Equivalence (PAVE) Certificate. The Board may refuse to issue a license to an applicant who meets the qualification criteria but is otherwise disqualified as provided in the Texas Occupations Code, §801.401; and

(4) has attained a passing score of at least 75% on:

(A) The NAVLE if an applicant sits for that examination subsequent to its inauguration date; or

(B) The national examinations referred to as the NBE (National Board Examination) and the CCT (Clinical Competency Test) required prior to the inauguration date of the NAVLE; and

(5) presents proof of a current active license in good standing in another state or jurisdiction of the United States or foreign country that has licensing requirements substantially equivalent to the requirements of the Veterinary Licensing Act, Texas Occupations Code Chapter 801; and

(6) at the time of application, is not subject to final or pending disciplinary action in any foreign country, state or jurisdiction in which the applicant is now licensed or has ever held a license; and

(7) presents proof of having earned a minimum of 17 hours of acceptable continuing education related to veterinary medicine or general scientific subjects within 12 months preceding application for temporary license.

(b) The applicant who earns the temporary veterinary license must be under general supervision of a Texas licensed veterinarian who possesses an active, current license in the state of Texas.

(c) The applicant for a temporary veterinary license shall submit to the Board a complete application in the form designated by the Board with the supporting required documentation as set out in subsection (a) of this section, as well as:

(1) A letter of good standing not older than six months from each jurisdiction in which the applicant is currently actively 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 §571.5(c) of this title (relating to Qualifications for Veterinary License);

(5) official verification of board certification if applicant is certified by a nationally recognized veterinary specialty board, if applicable; and

(6) an application fee in an amount set by the Board and contained in §577.15 of this title (relating to Fee Schedule).

(d) The temporary veterinary license application and all supporting documentation must be received in the board office PRIOR to being issued a temporary veterinary license. A temporary veterinary license will only be issued once the applicant's file is complete and ALL required, supporting documentation and fee has been received[, and the applicant has passed the SBE]. The Board's Executive Director will issue a temporary veterinary license to an applicant following verification of the requirements set out in subsections (a) - (c) of this section[, successfully completing the SBE], and receipt of the documents and fee required. [The SBE results are valid for two years following passage date. If an applicant fails the SBE for the temporary veterinary license, the applicant may take the SBE once more within a year, with no additional fee.]

(e) The temporary veterinary license is valid only for a specific purpose per issuance. A temporary veterinary license granted under this section is valid for 30 days from the date of original issue, per temporary veterinary license issued. The temporary veterinary license should be available for review at the place of practice for the period the applicant is in Texas under the temporary veterinary license.

(f) The temporary veterinary license is not renewable nor can it be reissued. The applicant must cease and desist the practice of veterinary medicine the day after the expiration of the temporary veterinary license. Continued practice of veterinary medicine without the valid, temporary veterinary license is a violation of current laws and rules and is viewed as the practice of veterinary medicine without a license. Disciplinary action can be taken and includes, but is not limited to, the refusal of the Board [board] to issue a second temporary veterinary license, for which the applicant may otherwise be eligible, and possibly the issuance of a future, regular license.

(g) An applicant may request a second temporary veterinary license within the same calendar year, provided no more than two temporary veterinary licenses are issued per applicant. After the second temporary veterinary license, if the applicant wishes to continue to practice in the State of Texas, he/she must seek regular licensing and must be eligible for such regular license as set out in current laws and rules governing the issuance of a regular license in the State of Texas.

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-201200366

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