| (a) The board shall conduct a compliance monitoring program in which veterinary practices are inspected on an unannounced basis by board investigators to ensure that licensees are complying with the requirements of this Act. Those items to be inspected include, but are not limited to, display of licenses, compliance with required consumer information in Texas Civil Statutes, Article 8890, §18A(b), continuing education requirements, sanitation, patient record completion, drug security, drug accountability, and compliance with other state and federal drug laws. (b) Inspection reports will be completed by investigators in duplicate. Copy 1 will be processed and filed in the licensee's personal file when all deficiencies have been corrected by the licensee. Copy 2 will be left with the licensee. (c) Licensees will normally be given 45 days to correct deficiencies. Licensees who are delinquent will be contacted by certified
mail, requesting them to answer within 15 days of receipt of letter. If no response is received within that time period, the status of "inspection" will be changed to "investigation" and the formal investigative procedure will be followed. (d) After an initial inspection, investigators may close a compliance inspection discrepancy to "voluntary compliance" within the spirit and intent of the program, except when a violation is identified that involves: flagrant disregard of the law, including allowing illegal practice; use of prescription drugs, failure to account for drugs dispensed or administered; and drug diversion and/or abuse. In these instances the compliance inspection shall be terminated and an investigation will be opened and all such matters must be referred to the chief investigator for review as a complaint. (e) When a licensee is inspected sometime after an initial inspection and the licensee is found to have failed to correct
those deficiencies noted in the prior inspection, the investigator will advise the licensee that he has continued to violate the Act and/or Rules of Professional Conduct and that those violations will be reported to the secretary of the board for whatever disciplinary action he/she deems appropriate. (f) Licensees that are ordered by the board to perform certain acts may be inspected on an unannounced basis to verify that the licensees perform the required acts. If the licensee is found to have refused or failed to comply with the board order, the investigator will advise him that a report will be prepared documenting the failure to comply and that the report will be submitted to the secretary of the board for whatever disciplinary action he/she deems appropriate.
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