The Texas Board of Veterinary Medical Examiners (Board) proposes an amendment to §571.25, concerning reapplication for State Board Examination for veterinarians (SBE) and the equine dental provider examination (EDPE).

The proposed amendment to §571.25 adds the jurisprudence examination for equine dental provider applicants to the rule regarding reapplication for licensee examinations when an applicant misses or fails a licensing examination. The proposed amendments include other minor changes necessary to apply the rule to applicants for licensure as equine dental providers. These 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, and required that the Board administer a jurisprudence examination to candidates for equine dental provider licensure under Texas Occupations Code §801.261 and §801.264.

Nicole Oria, Executive Director, has determined that for each year of the first five years that the proposed rules are in effect, there will be minimal increased cost 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 the costs 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 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 rules regarding equine dental providers are 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 licensed after September 1, 2012 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 anticipated public benefit will be 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 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, §801.253, which states that the Board may conduct licensing examinations for veterinarians as provided by board rule, 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.

§571.25.Reapplication for SBE and EDPE.

(a) An applicant for either the SBE or EDPE must submit a new application and the current fees at least 45 days prior to the date of the examination [SBE] for which the applicant desires to sit, if the applicant:

(1) does not appear for the scheduled examination; or

(2) fails to attain a passing score on the scheduled examination.

(b) The Board shall refund the examination fee for either the SBE or EDPE if the applicant:

(1) provides notice of not less than fourteen (14) days before the date of the examination, that the applicant is unable to take the examination; or

(2) is unable to take the examination because of an emergency.

(c) For purposes of subsection (b)(2) of this section, an "emergency" shall be defined as any immediate, unforeseen event that would render a person unable or unfit to take an examination, and may include a death in the family or an injury or other event that could be reasonably considered to be an emergency. Matters of inconvenience or failure to satisfy an examination prerequisite, shall not be considered an emergency.

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-201200369

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