(a) With appropriate supervision and after establishing
a veterinarian-client-patient relationship, a veterinarian may delegate
veterinary care and treatment duties to non-veterinarian employees,
or to the following independent contractors:
(1) licensed equine dental providers, in accordance
with §573.19 of this title (relating to Dentistry); or
(2) individuals performing any form of musculoskeletal
manipulation, including but not limited to animal chiropractic, in
accordance with §573.14 of this title (relating to Alternate
Therapies--Chiropractic and Other Forms of Musculoskeletal Manipulation).
(b) A veterinarian shall determine when general, direct,
or immediate supervision of a non-veterinarian's actions is appropriate,
except where such actions of the non-veterinarian may otherwise be
prohibited by law. A veterinarian shall consider whether the individual
is licensed by the Board, as well as the level of training and experience
of the non-veterinarian, when determining the level of supervision
and duties of non-veterinarians.
(c) A veterinarian is subject to discipline if he or
she improperly delegates care and/or treatment duties to a non-veterinarian,
or fails to properly supervise the non-veterinarian performing delegated
duties.
(d) When feasible, a veterinarian may delegate greater
responsibility to a licensed veterinary technician than to an unlicensed
person.
(1) Veterinary supervision of licensed veterinary technicians:
(A) Under the direct or immediate supervision of a
veterinarian, a licensed veterinary technician may:
(i) suture to close existing surgical skin incisions
and skin lacerations;
(ii) induce anesthesia; and
(iii) in dogs and cats, extract loose teeth or dental
fragments with minimal periodontal attachments by hand and without
the use of an elevator.
(B) Except where otherwise prohibited by law, under
general veterinary supervision, a licensed veterinary technician may:
(i) draw blood; and
(ii) take samples for purposes of testing and diagnosis.
(2) Veterinary supervision of unlicensed employees:
(A) Under the immediate supervision of a veterinarian,
an unlicensed employee of a veterinarian may:
(i) suture to close existing surgical skin incisions
and skin lacerations; and
(ii) induce anesthesia.
(B) An unlicensed employee of a veterinarian may perform
other tasks assigned by the supervising veterinarian under a level
of supervision determined by the supervising veterinarian.
(C) An unlicensed employee may not, under any level
of veterinary supervision, extract loose teeth or dental fragments
from a dog or cat.
(e) Under the immediate supervision of a licensed veterinary
technician, an unlicensed employee of a veterinarian may:
(1) suture to close existing skin incisions and skin
lacerations;
(2) induce anesthesia;
(3) draw blood;
(4) take samples for the purpose of testing and diagnosis
and;
(5) perform other tasks in veterinary medicine, not
otherwise prohibited by other subsections of this section or other
laws, as assigned by the supervising veterinarian and according to
a protocol established by the supervising veterinarian.
(f) A non-veterinarian shall not perform the following
health care services:
(1) surgery;
(2) invasive dental procedures except as allowed for
licensed equine dental providers under §573.19 of this title,
and as allowed for licensed veterinary technicians under subsection
(d)(1)of this section;
(3) diagnosis and prognosis of animal diseases and/or
conditions;
(4) prescribing drugs and appliances; or
(5) initiation of treatment without prior instruction
by a veterinarian, except in an emergency without expectation of compensation.
(g) Euthanasia may be performed by a non-veterinarian
only under the immediate supervision of a veterinarian.
(h) A non-veterinarian may administer a rabies vaccine
only under the direct supervision of a veterinarian, and only after
the veterinarian has properly established a veterinarian-client-patient
relationship.
(i) The use of a veterinarian's signature stamp or
electronic signature pad on an official health document by a non-veterinarian
shall be authorized only under the direct supervision of the vaccinating
veterinarian.
(j) Exception for Emergency Care. In an emergency situation
where prompt treatment is essential for the prevention of death or
alleviation of extreme suffering, a veterinarian may, after determining
the nature of the emergency and the condition of the animal, issue
treatment directions to a non-veterinarian by means of telephone,
electronic mail or messaging, radio, or facsimile communication and
not be in violation of §801.351 of the Act. However, the Board
may take action against a veterinarian if, in the Board's sole discretion,
the veterinarian uses this authorization to circumvent this rule.
The veterinarian assumes full responsibility for such treatment. However,
nothing in this rule requires a veterinarian to accept an animal treated
under this rule as a patient under these circumstances.
(k) Exception for Care of Hospitalized Animals. A non-veterinarian
may, in the absence of direct supervision, follow the oral or written
treatment orders of a veterinarian who is caring for a hospitalized
animal, so long as the veterinarian has examined the animal(s)and
a valid veterinarian-client-patient relationship exists.
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Source Note: The provisions of this §573.10 adopted to be effective June 14, 2012, 37 TexReg 4229; amended to be effective December 25, 2012, 37 TexReg 9935; amended to be effective August 29, 2013, 38 TexReg 5486; amended to be effective May 4, 2014, 39 TexReg 3424; amended to be effective December 22, 2014, 39 TexReg 10016; amended to be effective August 22, 2016, 41 TexReg 6203 |