The Texas Board of Veterinary Medical Examiners (Board) proposes an amendment to §571.23, concerning Veterinary Licensing Examination.

The proposed amendment to §571.23 clarifies that the provision applies only to veterinary licensees, and not to equine dental provider licensees. Currently, there is no national licensing examination for equine dental providers similar to the NAVLE examination for veterinarians, and therefore §571.23, which discusses the NAVLE examination, is not relevant to equine dental providers. 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 proposed changes do not alter the substance or meaning of the rule.

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 costs 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.

§571.23.Veterinary Licensing Examination.

(a) Results of National Board Examinations. The Board will accept certified scores issued by the:

(1) American Association of Veterinary State Boards (AAVSB), or its successor, for the national examination; and

(2) the official reporting service for the NAVLE.

(b) Score Information. All requests for information on examination scores shall be processed as follows:

(1) All requests from other state licensing boards for an applicant's raw scores on the national examination or NAVLE will be referred to the official reporting service for those examinations.

(2) All requests from other state licensing boards for an applicant's locally derived scale scores on the national examination or NAVLE will be based upon national data submitted by the official reporting service for those examinations.

(3) Upon written request of an applicant, the Board will certify the score of the SBE to another state licensing board. Upon written request of an applicant, the Board will make national examination or NAVLE scores available for informational purposes only to another state licensing board but will not certify the scores.

(4) The Board will not disclose any actual examination documents or materials.

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-201200368

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