(a) In a process under Chapter 53, Occupations Code,
the Board may suspend or revoke an existing license, disqualify a
person from receiving a license, or deny a person the opportunity
to be examined for a license because of a person's conviction of a
felony or misdemeanor if the crime directly relates to the duties
and responsibilities of a veterinarian, a licensed veterinary technician,
or an equine dental provider. This subsection applies to persons who
are not imprisoned at the time the Board considers the conviction.
(b) The Board shall revoke a license upon the imprisonment
of a licensee following a felony conviction or revocation or felony
community supervision, parole, or mandatory supervision. A person
currently incarcerated because of a felony conviction may not sit
for license examination, obtain a license under the Veterinary Licensing
Act, Occupations Code, Chapter 801, or renew a previously issued license.
(c) The Board shall, in determining whether a criminal
conviction directly relates to the duties and responsibilities of
a licensee, consider the factors listed in the Occupations Code, §53.022.
(d) In determining the present fitness to perform the
duties and discharge the responsibilities of a licensee who has been
convicted of a crime, the Board shall consider, in addition to the
factors referenced in subsection (c) of this section, the factors
listed in the Occupations Code, §53.023.
(e) Under Occupations Code §801.402, a person
is subject to denial of a license or to disciplinary action under
Occupations Code §801.401 if the person engages in illegal practices
connected with the practice of veterinary medicine or the practice
of equine dentistry.
(f) The professional practices of veterinarians, licensed
veterinary technicians, and equine dental providers place those licensees
in positions of public trust. A licensee practices in an autonomous
role in the treating and safekeeping of animals; preparing and safeguarding
confidential records and information; accepting client funds; and,
if the licensee is a veterinarian, prescribing, administering and
safely storing controlled substances. The following crimes therefore
relate to and are connected with the practices of veterinarians, licensed
veterinary technicians, and equine dental providers because the commission
of each indicates a violation of the public trust, and a lack of integrity
and respect for one's fellow human beings and the community at large:
(1) any felony or misdemeanor conviction of which fraud,
dishonesty or deceit is an essential element;
(2) any criminal violation of the Veterinary Licensing
Act, or other statutes regulating or pertaining to the licensee's
practice or profession;
(3) any criminal violation of statutes regulating other
professions in the healing arts;
(4) deceptive business practices;
(5) a misdemeanor or felony offense involving:
(A) murder;
(B) assault;
(C) burglary;
(D) robbery;
(E) theft;
(F) sexual assault;
(G) injury to a child or to an elderly person;
(H) child abuse or neglect;
(I) tampering with a government record;
(J) animal cruelty;
(K) forgery;
(L) perjury;
(M) bribery;
(N) mail fraud;
(O) diversion or abuse of controlled substances, dangerous
drug, or narcotic; or
(P) other misdemeanors or felonies, including violations
of the Penal Code, Titles 4, 5, 7, 9, and 10, which indicate an inability
or tendency of the person to be unable to perform as a licensee or
to be unfit for licensure, if action by the Board will promote the
intent of the Veterinary Licensing Act, Board rules, including this
chapter, and the Occupations Code, Chapter 53.
(g) Notwithstanding the provisions of subsections (a)
- (f) of this section, the Board shall suspend or revoke a licensee's
license in accordance with the Occupations Code, §801.406, where
the licensee has been convicted of a felony under the Health and Safety
Code, §485.033, or the Health and Safety Code, Chapter 481 or
483.
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Source Note: The provisions of this §575.50 adopted to be effective July 13, 2008, 33 TexReg 5528; amended to be effective June 20, 2012, 37 TexReg 4429; amended to be effective May 12, 2013, 38 TexReg 2764; amended to be effective December 23, 2013, 38 TexReg 9366; amended to be effective May 4, 2014, 39 TexReg 3430 |