Texas Board of Veterinary Medical Examiners Licensing 22 TAC §571.62

The new rule 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.

§571.62.Inactive Equine Dental Provider License Status.

(a) Application. An equine dental provider 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, 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. Except as provided in §801.004, Texas Occupations Code, an equine dental provider licensee whose license is on inactive status may not engage in the practice of equine dentistry in the State of Texas.

(c) Return to Active Status. An equine dental provider licensee on inactive status wishing to practice equine dentistry 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 licensees applying to return to active status.

(1) An equine dental provider licensed and practicing in another state or jurisdiction must prove he or she is in good standing in that state or jurisdiction.

(2) An equine dental provider 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 an equine dental provider licensee on inactive status requesting a return to regular license status has maintained an annual average of 6 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 6 hours, the licensee will be placed on regular license status but must complete 12 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 6 hours of continuing education shall not be required for an active 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. An equine dental provider license maintained on inactive status will be automatically cancelled at the end of nine consecutive years. A new 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 equine dental provider 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 an equine dental provider 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-201200377

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