The Texas Board of Veterinary Medical Examiners (Board) proposes an amendment to §571.61, concerning Inactive Veterinary License Status.

The proposed amendments to §571.61 clarify that the provision applies only to veterinary licensees, and not to equine dental provider licensees. 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. The equivalent provision for equine dental provider licensees is proposed as a new rule, §571.62, which is also proposed elsewhere in this issue of the Texas Register. The proposed amendments to §571.61 also include minor corrections to capitalization.

Proposed §571.61 is amended to clarify when a licensee's inactive license will be cancelled if the licensee fails to renew, at the end of the ninth consecutive year, because the previous wording "after ten years" had caused confusion among licensees about whether the inactive years had to be consecutive, and whether the license expired at the beginning of the tenth year or after the expiration of the tenth year. This amendment reflects the Board's long-standing interpretation of this rule and is not intended to change the meaning of the rule.

Nicole Oria, Executive Director, Texas Board of Veterinary Medical Examiners, 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 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 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 §801.306, which states that the Board by rule may provide for the placement of a license holder on inactive status.

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

§571.61.Inactive Veterinary License Status.

(a) Application. A veterinary licensee may request his/her license be placed on inactive status, whether or not he/she is practicing within the State of Texas, provided:

(1) his or her current license is active and is in good standing;

(2) a request in writing, on the form prescribed by the Board [board], is made for his or her license to be placed on official inactive status; and

(3) the original request is made during the annual license renewal period between January 1 and February 28; provided however, that subsequent requests for continued inactive status may be accepted by the Board at any time during the renewal year if accompanied by the appropriate delinquent penalty.

(b) Restrictions. The following restrictions shall apply to veterinary licensees whose licenses are on inactive status:

(1) Except as provided in §801.004, Texas Occupations Code, the licensee may not engage in the practice of veterinary medicine or otherwise provide treatment to any animal in the State of Texas.

(2) If the licensee possesses or obtains a federal Drug Enforcement Administration (DEA) and/or a Department of Public Safety (DPS) controlled substances registration for a Texas location, the licensee must comply with §573.43 and §573.50 of this title (relating to Misuse of DEA Narcotics Registration and Controlled Substances Records Keeping for Drugs on Hand, respectively).

(c) Return to Active Status. A veterinary licensee on inactive status wishing to practice veterinary medicine within the State of Texas must receive written approval from the Board prior to returning to active status. In addition to other information which may be requested or required by the Board, the following conditions apply to veterinary licensees applying to return to active status.

(1) A veterinarian licensed and practicing in another state or jurisdiction must prove he or she is in good standing in that state or jurisdiction.

(2) A licensee on inactive status must pay the total annual renewal fee, less the amount of the inactive annual renewal fee, plus a $25 administrative processing fee to obtain a regular license. The regular annual renewal fee shall not be prorated for applications to return to active status made after the annual renewal period.

(d) Continuing Education Requirements

(1) If a veterinary licensee on inactive status requesting a return to regular license status has maintained an annual average of 17 hours of continuing education, not including any portion of the reactivation year, the licensee will be placed on regular license status without any additional requirements. If the average annual continuing education is less than 17 hours, the licensee will be placed on regular license status but must complete 34 hours of continuing education in the twelve months immediately following the licensee's attaining of regular license status.

(2) For the year of reactivation, proof of 17 hours of continuing education shall not be required for an active veterinary license renewal in the year following reactivation.

(3) For purposes of this subsection, the terms "year" and "annual" mean the calendar year.

(e) Cancellation of Inactive License. A veterinary license maintained on inactive status will be automatically cancelled at the end of nine consecutive [after ten ] years. A new veterinary license will be issued only upon completion of all requirements for licensure. During the ninth consecutive year of inactive status, the Board will notify the inactive veterinary licensee that during the following year, his or her license must be on regular status or the license will be cancelled.

(f) Annual Renewal Fees. The annual fee for a veterinary license on inactive status shall be as set by the Board in §577.15 of this title (relating to Fee Schedule).

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-201200375

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