| (a) Class A violations. Licensees considered as presenting
imminent peril to the public will be considered Class A violators.
In determining whether a violation is a Class A, consideration will
be given to the disposition of any previously docketed cases, and
to the combination of charges which might involve Class B and/or C
violations.
(1) Class A violations may include, but are not limited
to:
(A) conviction of a felony, including a felony conviction
under the Health and Safety Code, §485.032 (formerly numbered; §485.033)
relating to Delivery of an Abusable Volatile Chemical to a Minor,
or Chapter 481 relating to Controlled Substances, or Chapter 483 relating
to Dangerous Drugs;
(B) gross malpractice with a pattern of acts indicating
consistent malpractice, negligence, or incompetence in the licensee's
area of practice;
(C) revocation of a veterinary license, a veterinary
technician license, or an equine dental provider license in another
jurisdiction;
(D) mental incompetence found by a court of competent
jurisdiction;
(E) chronic or habitual intoxication or chemical dependency,
or addiction to drugs;
(F) issuance of a false certificate relating to the
sale for human consumption of animal products;
(G) presentation of dishonest or fraudulent evidence
of qualifications or a determination of fraud or deception in the
process of examination, or for the purpose of securing a license;
(H) engaging in practices which are violative of the
Rules of Professional Conduct; and/or
(I) fraudulent issuance of health certificates, vaccination
certificates, test charts, or other blank forms used in the practice
of veterinary medicine that relate to the presence or absence of animal
disease.
(2) In assessing sanctions and/or penalties, consideration
shall be given to the seriousness of the violation, including the
nature, circumstances, extent, and gravity of any prohibited acts,
and the hazard or potential hazard created to the health, safety,
or economic welfare of the public; the economic harm to property or
the environment caused by the violation; history of previous violations;
what is necessary to deter future violations; and any other matters
that justice may require.
(3) Maximum penalties:
(A) revocation of the license;
(B) a penalty not exceeding $5,000 for each violation
per day;
(C) continuing education in a specified field related
to the licensee's practice that the Board deems relevant to the violation(s).
The total number of hours mandated are in addition to the number of
hours required to renew the license;
(D) quarterly reporting certifying compliance with
board orders; and/or
(E) Licensee sit for, and pass, the SBE, LVTE, or EDPE.
(b) Class B violations. Involves licensees who either
have violated rules and/or statutes, and committed a prior Class C
violation; or have violated rules and/or statutes and have not committed
a prior violation, but the nature and severity of the violation(s)
necessitates a greater penalty than that available for a Class C violation,
but does not rise to the level of creating an imminent peril to the
public. In determining whether a violation is a Class B, consideration
will be given to the disposition of the previously docketed cases,
and to the combination of charges which might invoke Class A and/or
C violations.
(1) Class B violations may include, but are not limited
to:
(A) engaging in dishonest or illegal practices in or
connected with the licensee's practice;
(B) engaging in practices which are violative of the
Rules of Professional Conduct;
(C) permitting or allowing another to use his/her license
or certificate to practice;
(D) committing fraud in application or reporting of
any test of animal disease;
(E) paying or receiving any kickback, rebate, bonus,
or other remuneration for treating an animal or for referring a client
to another provider of veterinary services or goods;
(F) fraudulent issuance of health certificates, vaccination
certificates, test charts, or other blank forms used in the practice
of veterinary medicine that relate to the presence or absence of animal
disease;
(G) performing or prescribing unnecessary or unauthorized
treatment;
(H) ordering prescription drugs or controlled substances
for the treatment of an animal without first establishing a valid
veterinarian-patient-client relationship;
(I) failure to maintain equipment and business premises
in a sanitary condition; and/or
(J) refusal to admit a representative of the Board
to inspect the client and patient records and business premises of
the licensee during regular business hours.
(2) In assessing sanctions and/or penalties, consideration
shall be given to: the seriousness of the violation, including the
nature, circumstances, extent, and gravity of any prohibited acts;
the hazard or potential hazard created to the health, safety, or economic
welfare of the public; the economic harm to property or the environment
caused by the violation; the history of previous violations; what
is necessary to deter future violations; and any other matters that
justice may require.
(3) Maximum penalties:
(A) one to 10-year license suspension with none, all,
or part probated;
(B) a penalty not exceeding $5,000 for each violation
per day;
(C) continuing education in a specified field related
to the licensee's practice that the Board deems relevant to the violation(s).
The total number of hours mandated are in addition to the number of
hours required to renew the license;
(D) quarterly reporting certifying compliance with
board orders; and/or
(E) Licensee sit for, and pass, the SBE, LVTE, or EDPE.
(c) Class C violations. Involve licensees who have
violated the rules and/or statutes, but do not have a history of previous
violations. Consideration should be given to the nature and severity
of the violation(s).
(1) Class C violations may include, but are not limited
to, minor violations included in Class A and/or B in which there is
no hazard or potential hazard created to the health, safety, or economic
welfare of the public and no economic harm to property or to the environment.
(2) In assessing sanctions, consideration should be
given to the good or bad faith exhibited by the cited person; evidence
that the violation was willful; extent to which the cited individual
has cooperated with the investigation; and the extent to which the
cited person has mitigated or attempted to mitigate any damage or
injury caused.
(3) Maximum penalties:
(A) six months to one-year suspension with the entire
period probated;
(B) an administrative penalty not to exceed $500 for
each violation per day; and/or
(C) Licensee sit for, and pass, the SBE, LVTE, or EDPE.
|
| Source Note: The provisions of this §575.25 adopted to be effective November 17, 1993, 18 TexReg 8201; amended to be effective July 17, 2006, 31 TexReg 5617; amended to be effective July 19, 2007, 32 TexReg 4398; amended to be effective November 22, 2009, 34 TexReg 8036; amended to be effective November 20, 2011, 36 TexReg 7667; amended to be effective August 26, 2012, 37 TexReg 6311; amended to be effective May 4, 2014, 39 TexReg 3429 |
