Texas Board of Veterinary Medical Examiners Licensing 22 TAC §571.59

The Texas Board of Veterinary Medical Examiners (Board) proposes an amendment to §571.59, concerning Expired Veterinary Licenses.

The proposed amendments to §571.59 clarify 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 equivalent provision for equine dental provider licensees is proposed as a new rule, §571.60, which is also proposed elsewhere in this issue of the Texas Register.

The proposed amendments to §571.59 also 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 under amended §571.11, which is also proposed elsewhere in this issue of the Texas Register. 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.

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 economic cost to individuals required to comply with the 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 to the rule 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.

§571.59.Expired Veterinary Licenses.

(a) A veterinarian's license expires on March 1 of each calendar year and is considered delinquent. On or before March 1, a licensee must renew an unexpired license, in writing, by paying the required fee and furnishing all information required by the Board for renewal.

(b) A veterinary licensee who has failed to renew his or her license for a period of one year or more and wishes to reinstate the license may be required to appear before the Board to explain why the licensee allowed the license to expire and the licensee's reasons for wanting it reinstated. Subject to subsections [subsection] (c) and (d) of this section, the licensee must take and pass the SBE and comply with §571.3 of this title (relating to Criminal History Evaluation Letters).

(c) A veterinary licensee who is the spouse of a person serving on active duty as a member of the armed forces of the United States who has failed to renew his or her license for a period of one year or more may receive a provisional license in accordance with §571.11(e) of this title (relating to Provisional Veterinary Licensure).

(d) [(c)] A licensee who has failed to renew his or her license for a period of one year or more may reinstate the licensee's expired license without taking and passing the SBE if the licensee:

(1) previously had a Texas license and lived and/or practiced in Texas;

(2) moved to another state and is licensed and practices in that state;

(3) has been practicing in the other state during the past two years preceding application for reinstatement in Texas;

(4) intends to return to and practice in Texas;

(5) furnishes a letter of good standing from all states where the licensee is currently licensed; and

(6) submits a complete application for license reinstatement within two years of the date the license expired and could not be renewed.

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-201200373

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