| (a) The Board shall conduct a compliance monitoring program to ensure that licensees comply with the requirements of Chapter 801, Texas Occupations Code (the Veterinary Licensing Act) and the Board's rules. (b) The Board's compliance monitoring program shall include on-site inspections of veterinary practices and inspections by mail. (1) On-site inspections shall include, but are not limited, to the following items: (A) display of license and current renewal certificate; (B) properly posted consumer information; (C) documentation of continuing education hours; (D) sanitation; (E) patient record keeping; (F) controlled substance record keeping; and (G) possession of appropriate controlled substance registrations and certificates. (2) Inspections by mail shall request a veterinarian to provide the following non-exclusive items: (A) proof of continuing education hours; (B) copies of controlled substance registrations and certificates; (C) copies of four medical records concerning the diagnosis and treatment of a patient; (D) copy of the last page of the veterinarian's controlled substance log book for each controlled substance possessed by the veterinarian; and (E) a statement verifying that the licensee is in compliance with Board rules concerning consumer information, maintenance of sanitary premises, display of license and degrees, and notification of licensee addresses. (c) After an inspection, licensees will normally be given 30 days to correct deficiencies and provide written documentation of the corrections. If no timely response is received within that time period, the inspection process will become an investigation and the Board will follow the formal investigative procedure. (d) After an initial inspection, if the licensee does not make required corrections to noted deficiencies, investigators may recommend to the director of enforcement to open an investigation within the spirit and intent of the program. When a deficiency involves flagrant disregard of the law, including illegal practices; improper use of prescription drugs; failure to account for drugs dispensed or administered; failure to comply with controlled substance registration requirements, continuing education requirements, and sanitation; and drug diversion and/or abuse, the compliance inspection shall be terminated and the investigator will open an investigation and the violations will be referred to the director of enforcement as a complaint. (e) When in a subsequent inspection a licensee is found to have failed to correct those deficiencies noted in the prior inspection, the investigator will advise the director of enforcement and the licensee that the licensee has continued to violate the Veterinary Licensing Act and/or Board rules. (f) The Board may, on an unannounced basis, inspect licensees who have been ordered to perform certain acts as a result of a previous inspection to verify that the licensees performed the required acts. If the licensee is found to have refused or failed to comply with the Board order, the investigator will prepare a report documenting the failure to comply and the report will be submitted to the Board for appropriate disciplinary action. |
| Source Note: The provisions of this §573.66 adopted to be effective January 13, 1994, 19 TexReg 80; amended to be effective March 19, 2006, 31 TexReg 1653; amended to be effective November 16, 2008, 33 TexReg 9081 |
