CHAPTER 801. VETERINARIANS
OCCUPATIONS CODE
TITLE 4. PROFESSIONS RELATED TO ANIMAL HEALTH
CHAPTER 801. VETERINARIANS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 801.001. SHORT TITLE. This chapter may be cited as the
Veterinary Licensing Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.002. DEFINITIONS. In this chapter:
(1) "Board" means the State Board of Veterinary Medical
Examiners.
(2) "Compensation" includes a fee, monetary reward, discount, or
emolument, whether received directly or indirectly.
(3) "Direct supervision" means supervision of a person by a
responsible veterinarian who is physically present on the
premises.
(4) "General supervision" means supervision of a person by a
responsible veterinarian who is readily available to communicate
with the person.
(5) "Practice of veterinary medicine" means:
(A) the diagnosis, treatment, correction, change, manipulation,
relief, or prevention of animal disease, deformity, defect,
injury, or other physical condition, including the prescription
or administration of a drug, biologic, anesthetic, apparatus, or
other therapeutic or diagnostic substance or technique;
(B) the representation of an ability and willingness to perform
an act listed in Paragraph (A);
(C) the use of a title, a word, or letters to induce the belief
that a person is legally authorized and qualified to perform an
act listed in Paragraph (A); or
(D) the receipt of compensation for performing an act listed in
Paragraph (A).
(6) "Veterinarian" means a person licensed by the board under
this chapter to practice veterinary medicine.
(7) "Veterinary medicine" includes veterinary surgery,
reproduction and obstetrics, dentistry, ophthalmology,
dermatology, cardiology, and any other discipline or specialty of
veterinary medicine.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.003. APPLICATION OF SUNSET ACT. The State Board of
Veterinary Medical Examiners is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in
existence as provided by that chapter, the board is abolished and
this chapter expires September 1, 2017.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
27, Sec. 1, eff. September 1, 2005.
Sec. 801.004. APPLICATION OF CHAPTER. This chapter does not
apply to:
(1) the treatment or care of an animal in any manner by the
owner of the animal, an employee of the owner, or a designated
caretaker of the animal, unless the ownership, employment, or
designation is established with the intent to violate this
chapter;
(2) a person who performs an act prescribed by the board as an
accepted livestock management practice, including:
(A) castrating a male animal raised for human consumption;
(B) docking or earmarking an animal raised for human
consumption;
(C) dehorning cattle;
(D) aiding in the nonsurgical birth process of a large animal,
as defined by board rule;
(E) treating an animal for disease prevention with a
nonprescription medicine or vaccine;
(F) branding or identifying an animal in any manner;
(G) artificially inseminating an animal, including training,
inseminating, and compensating for services related to artificial
insemination; and
(H) shoeing a horse;
(3) the performance of a cosmetic or production technique to
reduce injury in poultry intended for human consumption;
(4) the performance of a duty by a veterinarian's employee if:
(A) the duty involves food production animals;
(B) the duty does not involve diagnosis, prescription, or
surgery;
(C) the employee is under the direction and general supervision
of the veterinarian; and
(D) the veterinarian is responsible for the employee's
performance;
(5) the performance of an act by a person who is a full-time
student of an accredited college of veterinary medicine or is a
foreign graduate of a board-approved equivalent competency
program for foreign veterinary graduates and who is participating
in a board-approved extern or preceptor program if the act is
performed under the direct supervision of a veterinarian
employing the person;
(6) an animal shelter employee who performs euthanasia in the
course and scope of the person's employment if the person has
successfully completed training in accordance with Chapter 829,
Health and Safety Code;
(7) a person who is engaged in a recognized state-federal
cooperative disease eradication or control program or an external
parasite control program while the person is performing official
duties required by the program;
(8) a person who, without expectation of compensation, provides
emergency care in an emergency or disaster; or
(9) a consultation given to a veterinarian in this state by a
person who:
(A) resides in another state; and
(B) is lawfully qualified to practice veterinary medicine under
the laws of that state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1331, Sec. 4, eff. September 1, 2007.
SUBCHAPTER B. STATE BOARD OF VETERINARY MEDICAL EXAMINERS
Sec. 801.051. BOARD; MEMBERSHIP. (a) The State Board of
Veterinary Medical Examiners consists of nine members appointed
by the governor with the advice and consent of the senate as
follows:
(1) six veterinarian members; and
(2) three members who represent the public.
(b) The board may include not more than one veterinarian member
who is a faculty member of a college of veterinary medicine.
(c) Appointments to the board shall be made without regard to
the race, color, disability, sex, religion, age, or national
origin of the appointee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.052. MEMBERSHIP ELIGIBILITY. (a) A person is eligible
for appointment as a veterinarian member of the board if the
person:
(1) has resided and practiced veterinary medicine in this state
for the six years preceding the date of appointment;
(2) is of good repute; and
(3) is not the holder of a special license issued under Section
801.256.
(b) A person is not eligible for appointment as a public member
of the board if the person:
(1) is licensed by an occupational regulatory agency in the
field of health care;
(2) is employed by or participates in the management of a
business entity or other organization that:
(A) provides health care services;
(B) sells, manufactures, or distributes health care supplies or
equipment; or
(C) is regulated by or receives funds from the board;
(3) owns or controls, directly or indirectly, more than a 10
percent interest in a business entity or other organization that:
(A) provides health care services;
(B) sells, manufactures, or distributes health care supplies or
equipment; or
(C) is regulated by or receives funds from the board; or
(4) uses or receives a substantial amount of tangible goods,
services, or funds from the board, other than compensation or
reimbursement authorized by law for board membership, attendance,
or expenses.
(c) A person is not eligible for appointment as a public member
of the board if the person's spouse:
(1) is licensed by an occupational regulatory agency in the
field of veterinary medicine;
(2) is employed by or participates in the management of a
business entity or other organization that:
(A) provides veterinary health care services;
(B) sells, manufactures, or distributes veterinary health care
supplies or equipment; or
(C) is regulated by or receives funds from the board;
(3) owns or controls, directly or indirectly, more than a 10
percent interest in a business entity or other organization that:
(A) provides veterinary health care services;
(B) sells, manufactures, or distributes veterinary health care
supplies or equipment; or
(C) is regulated by or receives funds from the board; or
(4) uses or receives a substantial amount of tangible goods,
services, or funds from the board, other than compensation or
reimbursement authorized by law for board membership, attendance,
or expenses.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
27, Sec. 2, eff. September 1, 2005.
Sec. 801.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In
this section, "Texas trade association" means a cooperative and
voluntarily joined statewide association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
(b) A person may not be a member of the board and may not be an
employee of the board employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.), if:
(1) the person is an officer, employee, or paid consultant of a
Texas trade association in the field of health care; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of
veterinary medicine.
(c) A person may not be a member of the board or act as the
general counsel to the board if the person is required to
register as a lobbyist under Chapter 305, Government Code,
because of the person's activities for compensation on behalf of
a profession related to the operation of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
27, Sec. 3, eff. September 1, 2005.
Sec. 801.054. TERMS; VACANCY. (a) Members of the board are
appointed for staggered six-year terms.
(b) If a vacancy occurs because of the death or resignation of a
board member, the governor shall appoint a replacement to fill
the unexpired term.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.055. OFFICERS. (a) The governor shall designate a
member of the board as the presiding officer of the board to
serve in that capacity at the pleasure of the governor.
(b) At the first meeting of the board each year, the board shall
elect from its members any other officer the board considers
necessary or convenient.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
27, Sec. 4, eff. September 1, 2005.
Sec. 801.056. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the board that a member:
(1) does not have at the time of taking office the
qualifications required by Section 801.052;
(2) does not maintain during service on the board the
qualifications required by Section 801.052;
(3) is ineligible for membership under Section 801.052 or
801.053;
(4) cannot, because of illness or disability, discharge the
member's duties for a substantial part of the member's term; or
(5) is absent from more than half of the regularly scheduled
board meetings that the member is eligible to attend during a
calendar year without an excuse approved by a majority vote of
the board.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of a board
member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify
the presiding officer of the board of the potential ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
executive director shall notify the next highest ranking officer
of the board, who shall then notify the governor and the attorney
general that a potential ground for removal exists.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
27, Sec. 5, eff. September 1, 2005.
Sec. 801.057. TRAINING. (a) A person who is appointed to and
qualifies for office as a member of the board may not vote,
deliberate, or be counted as a member in attendance at a meeting
of the board until the person completes a training program that
complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the board and the board's
programs, functions, rules, and budget;
(2) the results of the most recent formal audit of the board;
(3) the requirements of laws relating to open meetings, public
information, administrative procedure, and conflicts of interest;
and
(4) any applicable ethics policies adopted by the board or the
Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
27, Sec. 6, eff. September 1, 2005.
Sec. 801.058. PER DIEM; REIMBURSEMENT. A board member is
entitled to receive:
(1) a per diem, as set by legislative appropriation, for each
day that the member engages in board business; and
(2) reimbursement for travel expenses, as prescribed by the
General Appropriations Act, including expenses for meals and
lodging.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.059. OATH OF OFFICE. Before assuming the duties of
office, each board member shall file with the secretary of state
a signed copy of the constitutional oath of office taken by the
member.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER C. EXECUTIVE DIRECTOR AND PERSONNEL
Sec. 801.101. EXECUTIVE DIRECTOR. The board may employ an
executive director.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.102. CERTAIN DUTIES OF EXECUTIVE DIRECTOR. (a) The
executive director is responsible for:
(1) safekeeping the money collected under this chapter; and
(2) properly disbursing the veterinary fund account established
by this chapter.
(b) Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(39).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 285, Sec. 25, 31(39), eff.
Sept. 1, 2003.
Sec. 801.103. PERSONNEL. The board may employ personnel to
administer this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.104. DIVISION OF RESPONSIBILITIES. The board shall
develop and implement policies that clearly separate the
policymaking responsibilities of the board and the management
responsibilities of the executive director and the staff of the
board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
27, Sec. 7, eff. September 1, 2005.
Sec. 801.105. QUALIFICATIONS AND STANDARDS OF CONDUCT
INFORMATION. The board shall provide as often as necessary to
its members and employees information regarding their:
(1) qualifications for office or employment under this chapter;
and
(2) responsibilities under applicable laws relating to standards
of conduct for state officers or employees.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.106. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.
(a) The executive director or the executive director's designee
shall develop an intra-agency career ladder program. The program
must require intra-agency postings of all nonentry level
positions concurrently with any public posting.
(b) The executive director or the executive director's designee
shall develop a system of annual performance evaluations based on
measurable job tasks. All merit pay authorized by the executive
director must be based on the system established under this
subsection.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.107. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. (a)
The executive director or the executive director's designee shall
prepare and maintain a written policy statement to ensure
implementation of an equal employment opportunity program under
which all personnel transactions are made without regard to race,
color, disability, sex, religion, age, or national origin. The
policy statement must include:
(1) personnel policies, including policies relating to
recruitment, evaluation, selection, application, training, and
promotion of personnel, that are in compliance with Chapter 21,
Labor Code;
(2) a comprehensive analysis of the board workforce that meets
federal and state guidelines;
(3) procedures by which a determination can be made of the
significant underuse in the board workforce of all persons for
whom federal or state guidelines encourage a more equitable
balance; and
(4) reasonable methods to appropriately address those areas of
significant underuse.
(b) A policy statement prepared under Subsection (a) must be:
(1) prepared to cover an annual period;
(2) updated annually;
(3) reviewed by the Commission on Human Rights for compliance
with Subsection (a)(1); and
(4) filed with the governor.
(c) The governor shall deliver a biennial report to the
legislature based on the information received under Subsection
(b). The report may be made separately or as part of other
biennial reports to the legislature.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER D. BOARD POWERS AND DUTIES
Sec. 801.151. RULES. (a) The board may adopt rules as
necessary to administer this chapter.
(b) The board may adopt rules of professional conduct
appropriate to establish and maintain a high standard of
integrity, skills, and practice in the veterinary medicine
profession.
(c) The board shall adopt rules to:
(1) protect the public; and
(2) ensure that alternate therapies, including ultrasound
diagnosis and therapy, magnetic field therapy, holistic medicine,
homeopathy, chiropractic treatment, acupuncture, and laser
therapy, are performed only by a veterinarian or under the
supervision of a veterinarian.
(d) The board may adopt rules regarding the work of a person
who:
(1) works under the supervision of a veterinarian; and
(2) fulfills the requirements established by a board-approved
organization for registered veterinary technicians.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.152. EXCEPTIONS TO RULE. (a) The board may consider
an exception to a rule adopted by the board on the request of a
person subject to board regulation.
(b) After notice and hearing, the board may approve an exception
to a board rule.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.153. RULES RESTRICTING ADVERTISING OR COMPETITIVE
BIDDING. (a) The board may not adopt a rule restricting
advertising or competitive bidding by a person regulated by the
board except to prohibit a false, misleading, or deceptive
practice by that person.
(b) In its rules to prohibit a false, misleading, or deceptive
practice, the board may not include a rule that:
(1) restricts the person's use of any advertising medium;
(2) restricts the person's personal appearance or the use of the
person's voice in an advertisement;
(3) relates to the size or duration of an advertisement by the
person; or
(4) restricts the person's advertisement under a trade name.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.154. FEES. (a) The board by rule shall set fees in
amounts that are reasonable and necessary so that the fees, in
the aggregate, cover the costs of administering this chapter. The
board may not set a fee that existed on September 1, 1993, in an
amount that is less than the fee on that date.
(b) The license renewal fee set by the board under this chapter
is the amount set by the board under Subsection (a) and an
additional fee of $200.
(c) Of each additional fee collected under Subsection (b), $50
shall be deposited in the foundation school fund and $150 shall
be deposited in the general revenue fund.
(d) The additional fee under Subsection (b) does not apply to a
license holder who is:
(1) exempt from paying the renewal fee under Section 801.304; or
(2) placed on inactive status as provided by Section 801.306.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.155. PAYMENT OF ADMINISTRATIVE COSTS. Costs incurred
by the board in administrating this chapter, including the
compensation and expenses of board members and employees, may be
paid only from fees collected under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.156. REGISTRY. (a) The board shall maintain a record
of each veterinarian's:
(1) name;
(2) residence address; and
(3) business address.
(b) A veterinarian shall notify the board of a change of
business address or employer not later than the 60th day after
the date the change takes effect.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.157. PEER ASSISTANCE PROGRAM. The board shall
establish or approve a peer assistance program for veterinarians.
The peer assistance program must comply with Chapter 467, Health
and Safety Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.158. SUBPOENA. (a) The board may request and, if
necessary, compel by subpoena:
(1) the attendance of witnesses for examination under oath; and
(2) the production for inspection or copying of books, accounts,
records, papers, correspondence, documents, and other evidence
relevant to an investigation of an alleged violation of this
chapter.
(b) The board, acting through the attorney general, may bring an
action to enforce a subpoena issued under Subsection (a) against
a person, including a corporation, organization, business trust,
estate, trust, partnership, association, or other legal entity,
who fails to comply with the subpoena.
(c) Venue for an action brought under Subsection (b) is in a
district court in:
(1) Travis County; or
(2) any county in which the board may hold a hearing.
(d) The court shall order compliance with the subpoena if the
court finds that good cause exists to issue the subpoena.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.421(a), eff.
Sept. 1, 2001.
Sec. 801.159. BOARD DUTIES REGARDING COMPLAINTS. (a) The board
by rule shall:
(1) adopt a form to standardize information relating to
complaints filed with the board; and
(2) prescribe information to be provided to a person when the
person files a complaint with the board.
(b) The board shall provide reasonable assistance to a person
who wishes to file a complaint with the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.160. ANNUAL REPORT. (a) The board shall file annually
with the governor and the presiding officer of each house of the
legislature a complete and detailed written report accounting for
all funds received and disbursed by the board during the
preceding fiscal year.
(b) The report must be in the form and reported in the time
provided by the General Appropriations Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.161. USE OF TECHNOLOGY. The board shall implement a
policy requiring the board to use appropriate technological
solutions to improve the board's ability to perform its
functions. The policy must ensure that the public is able to
interact with the board on the Internet.
Added by Acts 2005, 79th Leg., Ch.
27, Sec. 8, eff. September 1, 2005.
Sec. 801.162. ALTERNATIVE RULEMAKING AND DISPUTE RESOLUTION
PROCEDURES. (a) The board shall develop and implement a policy
to encourage the use of:
(1) negotiated rulemaking procedures under Chapter 2008,
Government Code, for the adoption of board rules; and
(2) appropriate alternative dispute resolution procedures under
Chapter 2009, Government Code, to assist in the resolution of
internal and external disputes under the board's jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy adopted under
Subsection (a);
(2) serve as a resource for any training needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the board.
Added by Acts 2005, 79th Leg., Ch.
27, Sec. 8, eff. September 1, 2005.
SUBCHAPTER E. PUBLIC ACCESS AND INFORMATION; COMPLAINT PROCEDURES
Sec. 801.201. PUBLIC INTEREST INFORMATION. (a) The board shall
prepare information of public interest describing the functions
of the board and the procedures by which complaints are filed
with and resolved by the board.
(b) The board shall make the information available to the public
and appropriate state agencies.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.202. PUBLIC PARTICIPATION. (a) The board shall
develop and implement policies that provide the public with a
reasonable opportunity to appear before the board and to speak on
any issue under the board's jurisdiction.
(b) The board shall prepare and maintain a written plan that
describes how a person who does not speak English may be provided
reasonable access to the board's programs.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.203. COMPLAINTS. (a) The board by rule shall
establish methods by which consumers and service recipients are
notified of the name, mailing address, and telephone number of
the board for the purpose of directing complaints to the board.
(b) The board shall list with its regular telephone number any
toll-free telephone number established under other state law for
presenting a complaint about a veterinarian.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.204. RECORDS OF COMPLAINTS. (a) The board shall
maintain a system to promptly and efficiently act on complaints
filed with the board. The board shall maintain information about
parties to the complaint, the subject matter of the complaint, a
summary of the results of the review or investigation of the
complaint, and its disposition.
(b) The board shall make information available describing its
procedures for complaint investigation and resolution.
(c) The board shall periodically notify the complaint parties of
the status of the complaint until final disposition.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
27, Sec. 9, eff. September 1, 2005.
Sec. 801.205. GENERAL RULES REGARDING COMPLAINT INVESTIGATION
AND DISPOSITION. The board shall adopt rules relating to the
investigation of complaints filed with the board. The rules must:
(1) distinguish between categories of complaints;
(2) ensure that complaints are not dismissed without appropriate
consideration;
(3) require that the board be advised of a complaint that is
dismissed and that a written explanation be given to the person
who filed the complaint explaining the action taken on the
dismissed complaint;
(4) ensure that the person who filed the complaint has the
opportunity to explain the allegations made in the complaint; and
(5) prescribe guidelines concerning the categories of complaints
that require the use of a private investigator and the procedures
for the board to obtain the services of a private investigator.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.2051. PRIORITY OF COMPLAINTS. The board shall
prioritize complaints to resolve the more serious complaints
first.
Added by Acts 2005, 79th Leg., Ch.
27, Sec. 10, eff. September 1, 2005.
Sec. 801.2055. COMPLAINTS REQUIRING MEDICAL EXPERTISE. (a) A
complaint that requires medical expertise to review must be
reviewed by two or more veterinarian board members. The board
members shall determine whether to dismiss the complaint or refer
it to an informal proceeding under Section 801.408.
(b) If the veterinarian members do not agree to dismiss or refer
the complaint to an informal proceeding, the complaint is
referred to an informal proceeding under Section 801.408.
Added by Acts 2005, 79th Leg., Ch.
27, Sec. 10, eff. September 1, 2005.
Sec. 801.2056. COMPLAINTS NOT REQUIRING MEDICAL EXPERTISE. (a)
The board may delegate to a committee of board staff the
authority to dismiss or enter into an agreed settlement of a
complaint that does not require medical expertise. The
disposition determined by the committee must be approved by the
board at a public meeting.
(b) A complaint delegated under this section shall be referred
for informal proceedings under Section 801.408 if:
(1) the committee determines that the complaint should not be
dismissed or settled;
(2) the committee is unable to reach an agreed settlement; or
(3) the veterinarian who is the subject of the complaint
requests that the complaint be referred for informal proceedings.
Added by Acts 2005, 79th Leg., Ch.
27, Sec. 10, eff. September 1, 2005.
Sec. 801.206. DISPOSITION OF COMPLAINT. (a) The board shall:
(1) dispose of each complaint in a timely manner; and
(2) establish a schedule for conducting each phase of the
complaint process that is under the control of the board not
later than the 30th day after the date the board receives the
complaint.
(b) Each party to the complaint shall be notified of the
projected time requirements for the complaint. Each party shall
be notified of a change in the schedule not later than the
seventh day after the date the change is made.
(c) The executive director shall notify the board of a complaint
that is not resolved within the time prescribed by the board for
resolving the complaint so that the board may take necessary
action on the complaint.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.207. PUBLIC RECORD; EXCEPTION. (a) Except as provided
by Subsection (b), a board record is a public record and is
available for public inspection during normal business hours.
(b) An investigation record of the board, including a record
relating to a complaint that is found to be groundless, is
confidential.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER F. LICENSE REQUIREMENTS
Sec. 801.251. LICENSE REQUIRED. Except as provided by Section
801.004, a person may not practice, or offer or attempt to
practice, veterinary medicine unless the person holds a license
issued under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.252. ELIGIBILITY REQUIREMENTS. The board shall issue a
license to a person who is qualified to be licensed under this
chapter. A person is qualified to be licensed if:
(1) the person has attained the age of majority;
(2) the person is a graduate of a board-approved school or
college of veterinary medicine;
(3) the person successfully completes the licensing examination
conducted by the board; and
(4) the board does not refuse to issue a license to the person
under Section 801.401.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.253. LICENSING EXAMINATIONS. (a) The board shall hold
a regular meeting at least twice each year to conduct licensing
examinations as provided by board rule. The board shall conduct
the examination at a time and place the board determines is
convenient for applicants.
(b) The board shall provide notice of a licensing examination by
publication in a newspaper or periodical.
(c) The board shall examine each qualified applicant who attends
the examination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.254. CONTENT AND CONDUCT OF EXAMINATION. (a) The
board shall conduct the licensing examination on subjects
relating to veterinary medicine, including anatomy, pathology,
chemistry, obstetrics, public health, veterinary practice,
veterinary jurisprudence, physiology and bacteriology, and other
subjects regularly taught in reputable schools of veterinary
medicine.
(b) The board may conduct a licensing examination in writing, by
a practical demonstration of the applicant's skill, or by a
combination of those methods. The board shall arrange for the
written portion of the examination, if any, to be validated by an
independent testing professional.
(c) To pass the licensing examination, an applicant must
demonstrate the standard of proficiency the board determines is
essential for a qualified veterinarian.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
27, Sec. 11, eff. September 1, 2005.
Sec. 801.255. EXAMINATION RESULTS. (a) The board shall notify
each examinee of the results of the examination not later than
the 30th day after the date the licensing examination is
administered. If an examination is graded or reviewed by a
national testing service, the board shall notify the examinee of
the results of the examination not later than the 14th day after
the date the board receives the results from the testing service.
(b) If the notice of the examination results graded or reviewed
by a national testing service will be delayed longer than 90 days
after the examination date, the board shall notify the examinee
of the reason for the delay before the 90th day.
(c) If requested in writing by a person who fails an
examination, the board shall provide to the person an analysis of
the person's performance on the examination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.2555. EXAMINATION FEE REFUND. (a) The board shall
refund the examination fee paid by an applicant who:
(1) provides advance notice of the applicant's inability to take
the examination; or
(2) is unable to take the examination because of an emergency.
(b) The board shall adopt rules that establish the required
notification period and the emergency situations that warrant a
refund.
Added by Acts 2005, 79th Leg., Ch.
27, Sec. 12, eff. September 1, 2005.
Sec. 801.256. SPECIAL LICENSE. (a) The board may issue a
special license to an applicant who is:
(1) a member of the faculty or staff of a board-approved
veterinary program at an institution of higher education;
(2) a veterinarian employee of the Texas Animal Health
Commission;
(3) a veterinarian employee of the Texas Veterinary Medical
Diagnostic Laboratory; or
(4) a person licensed to practice veterinary medicine in another
jurisdiction, if the board determines that the person's specialty
practice is unrepresented or underrepresented in this state.
(b) An applicant is eligible for a special license if:
(1) the applicant:
(A) is at least 21 years of age and a graduate of a
board-approved veterinary medicine program at an institution of
higher education; or
(B) provides to the board a written affirmation by a person
described under Subsection (f) that the applicant meets a
critical need for staffing at the person's institution and is
certified by a nationally recognized veterinary speciality board
or is eligible for that certification; and
(2) the applicant passes the jurisprudence section of the
licensing examination.
(c) The board shall adopt rules relating to the issuance of a
special license.
(d) A special license is valid only for the performance of
duties within the scope of the special license holder's
employment or practice.
(e) The board may suspend or revoke a special license if:
(1) the special license holder's employment is terminated; or
(2) the special license holder practices outside of the scope of
the license.
(f) The following people may provide a statement under
Subsection (b)(1)(B):
(1) the dean of a board-approved veterinary medicine program at
an institution of higher education in this state;
(2) the executive director of the Texas Animal Health
Commission; or
(3) the executive director of the Texas Veterinary Medical
Diagnostic Laboratory.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1114, Sec. 1, eff. June 15,
2001.
Sec. 801.257. PROVISIONAL LICENSE. (a) The board may grant a
provisional license to an applicant who presents proof that the
applicant:
(1) is licensed in good standing as a veterinarian in another
state that:
(A) has licensing requirements substantially equivalent to the
requirements of this chapter; and
(B) maintains professional standards the board considers
equivalent to the professional standards of this chapter; and
(2) has passed a national or other examination recognized by the
board relating to veterinary medicine.
(b) Repealed by Acts 2005, 79th Leg., Ch. 27, Sec. 27(1), eff.
September 1, 2005.
(c) A provisional license is valid until the date the board
approves or denies the provisional license holder's application
for a license. The board shall issue a license under this chapter
to a provisional license holder if:
(1) the provisional license holder passes the licensing
examination under Section 801.253;
(2) the board verifies that the provisional license holder has
the academic and experience requirements to qualify for a
license; and
(3) the provisional license holder satisfies any other license
requirement under this chapter.
(d) The board shall complete the processing of a provisional
license holder's application for a license not later than the
180th day after the date the provisional license is issued.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
27, Sec. 13, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
27, Sec. 27(1), eff. September 1, 2005.
Sec. 801.258. TEMPORARY LICENSE. The board by rule may provide
for the issuance of a temporary license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER G. LICENSE EXPIRATION AND RENEWAL
Sec. 801.301. ANNUAL RENEWAL REQUIRED. (a) The board shall
provide for the annual renewal of a license.
(b) The board by rule may adopt a system under which licenses
expire on various dates during the year.
(c) For a year in which the license expiration date is changed,
license fees payable on March 1 shall be prorated on a monthly
basis so that each license holder pays only that portion of the
fee that is allocable to the number of months during which the
license is valid. On renewal of the license on the new expiration
date, the total license renewal fee is payable.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.302. NOTICE OF LICENSE EXPIRATION. Not later than the
30th day before the expiration date of a person's license, the
board shall send written notice of the impending license
expiration to the person at the person's last known address
according to the board's records.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.303. PROCEDURE FOR RENEWAL. (a) A person who is
otherwise eligible to renew a license may renew an unexpired
license by paying the required renewal fee to the board before
the expiration date of the license. A person whose license has
expired may not engage in activities that require a license until
the license has been renewed.
(b) A person whose license has been expired for 90 days or less
may renew the license by paying to the board a renewal fee that
is equal to the sum of 1-1/2 times the renewal fee set by the
board under Section 801.154(a) and the additional fee required by
Section 801.154(b).
(c) A person whose license has been expired for more than 90
days but less than one year may renew the license by paying to
the board a renewal fee that is equal to the sum of two times the
renewal fee set by the board under Section 801.154(a) and the
additional fee required by Section 801.154(b).
(d) A person whose license has been expired for one year or more
may not renew the license. The person may obtain a new license
by complying with the requirements and procedures, including the
examination requirements, for obtaining an original license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
27, Sec. 14, eff. September 1, 2005.
Sec. 801.304. FEE EXEMPTION. A license holder is exempt from
the fee requirements imposed under Section 801.303 if the license
holder:
(1) is on active duty with the Armed Forces of the United States
and does not engage in private or civilian practice; or
(2) is permanently and totally retired.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.305. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE
PRACTITIONER. (a) A person who was licensed in this state,
moved to another state, and is currently licensed in good
standing and has been in practice in the other state for the two
years preceding the date of application may obtain a new license
without reexamination.
(b) The person must pay to the board a fee that is equal to the
amount of the renewal fee set by the board under Section
801.154(a) and the additional fee required by Section 801.154(b).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
27, Sec. 15, eff. September 1, 2005.
Sec. 801.306. INACTIVE STATUS. The board by rule may provide
for the placement of a veterinarian on inactive status. The rules
adopted under this section must include a limit on the time a
veterinarian may remain on inactive status.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.307. CONTINUING EDUCATION. (a) The board by rule
shall establish a minimum number of hours of continuing education
required to renew a license.
(b) The board may:
(1) establish general categories of continuing education that
meet the needs of veterinarians; and
(2) require a veterinarian to successfully complete continuing
education courses.
(c) The board may require a license holder who does not complete
the required number of hours of continuing education in a year to
make up the missed hours in later years. Hours required to be
made up in a later year are in addition to the hours normally
required to be completed in that year.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
27, Sec. 16, eff. September 1, 2005.
Sec. 801.308. CONTINUING EDUCATION AUDITS. (a) The board shall
monitor compliance with continuing education requirements by
conducting random audits of license holders seeking renewal. The
board staff may conduct an audit at any time. The board may
perform additional compliance monitoring by other means.
(b) A license holder who is audited shall provide proof of
course completion to the board, including certificates of
completion.
(c) A list of completed continuing education courses from the
license holder on one presigned form does not establish
compliance.
Added by Acts 2005, 79th Leg., Ch.
27, Sec. 17, eff. September 1, 2005.
SUBCHAPTER H. PRACTICE BY VETERINARIAN
Sec. 801.351. EXISTENCE OF VETERINARIAN-CLIENT-PATIENT
RELATIONSHIP. (a) A person may not practice veterinary medicine
unless a veterinarian-client-patient relationship exists. A
veterinarian-client-patient relationship exists if the
veterinarian:
(1) assumes responsibility for medical judgments regarding the
health of an animal and a client, who is the owner or other
caretaker of the animal, agrees to follow the veterinarian's
instructions;
(2) possesses sufficient knowledge of the animal to initiate at
least a general or preliminary diagnosis of the animal's medical
condition; and
(3) is readily available to provide, or has provided, follow-up
medical care in the event of an adverse reaction to, or a failure
of, the regimen of therapy provided by the veterinarian.
(b) A veterinarian possesses sufficient knowledge of the animal
for purposes of Subsection (a)(2) if the veterinarian has
recently seen, or is personally acquainted with, the keeping and
care of the animal by:
(1) examining the animal; or
(2) making medically appropriate and timely visits to the
premises on which the animal is kept.
(c) A veterinarian-client-patient relationship may not be
established solely by telephone or electronic means.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
971, Sec. 1, eff. September 1, 2005.
Sec. 801.352. PROHIBITION AGAINST INTERFERENCE OR INTERVENTION.
(a) The professional services of a veterinarian may not be
controlled or exploited by a person who:
(1) is not a veterinarian; and
(2) intervenes between the veterinarian and the veterinarian's
client.
(b) A veterinarian may not:
(1) allow a person who does not hold a license issued under this
chapter to interfere with or intervene in the veterinarian's
practice of veterinary medicine; or
(2) submit to interference or intervention by a person who does
not hold a license issued under this chapter.
(c) A veterinarian shall avoid a relationship that may result in
interference with or intervention in the veterinarian's practice
of veterinary medicine by a person who does not hold a license
issued under this chapter.
(d) A veterinarian is responsible for the veterinarian's
actions. The veterinarian is directly responsible to the client
and for the care and treatment of the patient.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.353. CONFIDENTIALITY; WAIVER. (a) A veterinarian may
not violate the confidential relationship between the
veterinarian and the veterinarian's client.
(b) A veterinarian may not be required to release information
concerning the veterinarian's care of an animal, except on the
veterinarian's receipt of:
(1) a written authorization or other form of waiver executed by
the client; or
(2) an appropriate court order or subpoena.
(c) A veterinarian who releases information as required under
Subsection (b) is not liable to any person, including the client,
for an action resulting from the disclosure.
(d) The privilege provided by this section is waived by the
client or the owner of an animal treated by the veterinarian to
the extent the client or owner places at issue in a civil or
criminal proceeding:
(1) the nature and extent of the animal's injuries; or
(2) the care and treatment of the animal provided by the
veterinarian.
(e) This section does not apply to an inspection or
investigation conducted by the board or an agent of the board.
(f) A veterinarian does not violate this section by providing
the name or address of a client to a health authority,
veterinarian, or physician who requests the identity of the
client to obtain information for:
(1) the verification of a rabies vaccination; or
(2) other treatment involving a life-threatening situation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
971, Sec. 2, eff. September 1, 2005.
Sec. 801.354. AUTHORIZED BUSINESS PRACTICES. It is not a
violation of this chapter for a veterinarian, or a business
entity authorized under this chapter to render veterinary
services, to:
(1) lease space for the purpose of providing veterinary
services;
(2) pay for franchise fees or other services on a
percentage-of-receipts basis; or
(3) sell, transfer, or assign accounts receivable.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.3541. LOCATION OF VETERINARY PRACTICE. The premises on
which a veterinary practice is located may be owned by a person
or other legal entity that does not hold a license issued under
this chapter.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.421(d), eff.
Sept. 1, 2001.
Sec. 801.355. LEASING SPACE FROM MERCANTILE ESTABLISHMENT. (a)
The practice of a veterinarian who leases space from a mercantile
establishment and practices veterinary medicine on the premises
of the mercantile establishment must be owned by a veterinarian.
The practice and the leased space must be under the exclusive
control of a veterinarian.
(b) The leased space must be definite and apart from the space
occupied by other occupants of the premises. The leased space
must be separated from the space used by other occupants by solid
and opaque partitions or walls that extend from the floor to the
ceiling. The requirement of this subsection is not satisfied by
the use of railings, curtains, or other similar arrangements.
(c) The leased space must have a patient's entrance that:
(1) opens to a public street, hall, lobby, corridor, or other
public thoroughfare other than the aisle of a mercantile
establishment; and
(2) is actually used as an entrance by the veterinarian's
patients.
(d) The leased space may have an additional patient's entrance,
that may be nonopaque, that opens from the inside of the
mercantile establishment directly into the leased space.
(e) The practice of the veterinarian may not be conducted in any
part as a department or concession of the mercantile
establishment. A legend or sign that states "Veterinary
Department," or that contains other words implying that the
practice is not an independent veterinary practice, may not be
displayed on the premises or in an advertisement for the
premises. The use of the veterinarian's name must clearly
indicate that the practice is independent and not under the
ownership or control of the mercantile establishment.
(f) The patient and business records of the practice of the
veterinarian are the sole property of the veterinarian. The
mercantile establishment or a person who is not a veterinarian
may not control the records, except that:
(1) business records that are essential to the initiation or
continuation of a percentage of gross receipts lease of space may
be inspected by the lessor; and
(2) a veterinarian may enter into a management agreement that
permits an employee or agent of the management company to access
or copy patient records as necessary to perform management
functions.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.356. EXEMPTIONS FROM REQUIREMENTS RELATED TO MERCANTILE
ESTABLISHMENT. (a) Section 801.355(c) does not apply to the
practice of a veterinarian, or the legal successor of the
practice, if the practice is operating in space that was opened,
designed, or engineered in accordance with plans for a specific
facility submitted to the board before December 31, 2009.
(b) Section 801.355 does not prohibit the delivery of temporary
limited-service veterinary activities, including preventive
veterinary services such as vaccinations and testing, at a
mercantile establishment that is not owned or under the exclusive
control of a veterinarian if the services are periodic and
delivered by a veterinarian. The board by rule may establish the
conditions under which a veterinarian may provide the services
described by this subsection.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
41, Sec. 1, eff. May 19, 2009.
Sec. 801.357. RESPONSIBILITY OF VETERINARIAN TOWARD ABANDONED
ANIMALS. (a) A veterinarian may dispose of an animal that is
abandoned in the veterinarian's care if the veterinarian:
(1) gives the client, by certified mail to the client's last
known address, notice of the veterinarian's intention to dispose
of the animal; and
(2) allows the client to retrieve the animal during the 10 days
after the date the veterinarian mails the notice.
(b) A veterinarian may not dispose of an animal under Subsection
(a) if:
(1) a contract between the veterinarian and client provides
otherwise; or
(2) after notice is given under Subsection (a), the veterinarian
and client agree to extend the veterinarian's care of the animal.
(c) The client's contact of the veterinarian by mail, telephone,
or personal communication does not extend the veterinarian's
obligation to treat, board, or care for an animal unless the
veterinarian and client agree to extend the veterinarian's care
of the animal.
(d) An animal is considered abandoned on the 11th day after the
date the veterinarian mails the notice under Subsection (a)
unless an agreement is made to extend the care for the animal.
(e) Notice given by a veterinarian under Subsection (a) does not
relieve a client of liability to pay for treatment, boarding, or
care provided by the veterinarian.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
971, Sec. 3, eff. September 1, 2005.
Sec. 801.358. LIABILITY OF VETERINARIAN FOR EMERGENCY TREATMENT;
EUTHANASIA PRESUMPTION. (a) A veterinarian who provides
emergency treatment to an ill or injured animal on the
veterinarian's own initiative, or at the request of a person
other than the animal's owner, is not liable to the owner for
damages to the animal unless the veterinarian commits gross
negligence.
(b) If the veterinarian performs euthanasia on the animal, the
veterinarian is presumed to have performed a humane act necessary
to relieve the animal's pain and suffering.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.3585. LIABILITY FOR REPORTING ANIMAL CRUELTY; IMMUNITY.
A veterinarian who in good faith and in the normal course of
business reports to the appropriate governmental entity a
suspected incident of animal cruelty under Section 42.09 or
42.092, Penal Code, is immune from liability in a civil or
criminal action brought against the veterinarian for reporting
the incident.
Added by Acts 2005, 79th Leg., Ch.
971, Sec. 4, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
886, Sec. 5, eff. September 1, 2007.
Sec. 801.359. CONTROLLED SUBSTANCES RECORDS. (a) The board
shall require each veterinarian to maintain a recordkeeping
system for controlled substances as required by Chapter 481,
Health and Safety Code.
(b) The records are subject to review by a law enforcement
agency or board representative.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.360. DEATH OF VETERINARIAN. On the death of a
veterinarian, the veterinarian's practice ownership and patient
records become the property of the veterinarian's heirs to
dispose of as necessary not later than the second anniversary of
the date of the veterinarian's death.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 801.361. DISPOSAL OF ANIMAL REMAINS. (a) In this section,
" medical waste" includes animal waste, blood, gloves, sleeves,
newspapers, and plastic bags, but does not include sharps.
(b) A veterinarian may dispose of the remains of an animal and
medical waste associated with the animal by burial or burning if:
(1) the burial or burning occurs on property owned by the
veterinarian that is located:
(A) outside the corporate boundaries of a municipality; or
(B) within the corporate boundaries of a municipality as a
result of an annexation that occurs on or after September 1,
2003; and
(2) at least one of the following requirements is met:
(A) a veterinarian-client-patient relationship existed between
the veterinarian, the owner or other caretaker of the animal, and
the animal before the animal's death;
(B) the veterinarian diagnosed, treated, boarded, or otherwise
cared for the animal before its death; or
(C) the veterinarian performed euthanasia or an autopsy on the
animal.
(c) Notwithstanding any other law, the Texas Commission on
Environmental Quality may not adopt a rule that prohibits conduct
authorized by this section.
(d) The Texas Commission on Environmental Quality may not adopt
a rule that relates to the disposal of animal remains under this
section unless the rule is developed in cooperation with and is
approved by the Texas Animal Health Commission.
(e) This section prevails over any other law that authorizes a
governmental entity to:
(1) prohibit or restrict outdoor burning; or
(2) abate a public nuisance.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 17.01, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 806, Sec. 1, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1333, Sec. 3, eff. Sept.
1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
728, Sec. 23.001(74), eff. September 1, 2005.
Sec. 801.362. AUTHORITY TO DISPENSE DRUGS PRESCRIBED BY ANOTHER
VETERINARIAN IN EMERGENCY. (a) A veterinarian may dispense a
drug, other than a controlled substance, prescribed by another
veterinarian, including a veterinarian licensed in another state,
if:
(1) failure to dispense the drug could interrupt a therapeutic
regimen or cause a patient to suffer;
(2) the prescribing veterinarian informs the dispensing
veterinarian that the drug is appropriate and necessary for the
animal;
(3) the quantity of the dispensed drug does not exceed a
five-day supply for each animal annually;
(4) the annual total of dosage units of drugs dispensed under
this subsection is not more than five percent of the total dosage
units of drugs the veterinarian dispenses in a year; and
(5) the veterinarian maintains records of dispensing activities
under this section consistent with board rules.
(b) A veterinarian does not violate Section 801.402 by ordering
a prescription drug in compliance with this section for the
treatment of an animal without first establishing a
veterinarian-client-patient relationship.
(c) The board may adopt rules to implement this section.
Added by Acts 2005, 79th Leg., Ch.
971, Sec. 5, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
699, Sec. 1, eff. June 19, 2009.
SUBCHAPTER I. LICENSE DENIAL AND DISCIPLINARY PROCEDURES
Sec. 801.401. DISCIPLINARY POWERS OF BOARD. (a) If an
applicant or license holder is subject to denial of a license or
to disciplinary action under Section 801.402, the board may:
(1) refuse to examine an applicant or to issue or renew a
license;
(2) revoke or suspend a license;
(3) place on probation a license holder or person whose license
has been suspended;
(4) reprimand a license holder; or
(5) impose an administrative penalty.
(b) The board may take action under Subsection (a) after notice
and hearing under Section 801.407 or as provided by board rule.
(c) The board may require a license holder whose license
suspension is probated to:
(1) report regularly to the board on matters that are the basis
of the probation;
(2) limit practice to the areas prescribed by the board; or
(3) continue or review continuing professional education until
the license holder attains a degree of skill satisfactory to the
board in those areas that are the basis of the probation.
(d) In addition to other disciplinary actions authorized by this
subchapter, the board may require a license