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RULE §575.22Reinstatement of Licenses

(a) A person whose license has been surrendered or revoked, whether by voluntary action or by disciplinary action of the Board, may after five (5) years from the effective date of such surrender or revocation, petition the Board for reinstatement of the license, unless another time is provided in the surrender or revocation order, or unless no provision was made in the order for reinstatement. This section does not apply to licensees who let their licenses lapse for non-payment of renewal fees or licensees against whom a surrender or revocation proceeding is not pending before the Board or in any other jurisdiction.

(b) The petition shall be in writing and in the form prescribed by the Board.

(c) After consideration of the petition for reinstatement, the Board may:

  (1) deny reinstatement of the license;

  (2) reinstate and probate the licensee for a specified period of time under specified conditions; or

  (3) authorize reinstatement of the licensee.

(d) If the petition is denied by the Board, a subsequent petition may not be considered by the Board until twelve (12) months have lapsed from the date of denial of the previous petition.

(e) The petitioner or their legal representative must appear before the Board or the Board's Enforcement Committee to present the request for reinstatement of the license.

(f) The petitioner shall have the burden of showing good cause why the license should be reinstated.

(g) In considering a petition for reinstatement, the Board may consider the petitioner's:

  (1) moral character;

  (2) employment history;

  (3) status of financial support to petitioner's family;

  (4) participation in continuing education programs or other methods of staying current with the individual's area of practice;

  (5) criminal history record, including felonies or misdemeanors relating to the practice of veterinary medicine, the practice of equine dentistry, and/or moral turpitude;

  (6) offers of employment as a veterinarian, licensed veterinary technician, or equine dental practitioner;

  (7) involvement in public service activities in the community;

  (8) compliance with the provisions of the Board order revoking or canceling the petitioner's license;

  (9) compliance with provisions of the Veterinary Licensing Act regarding unauthorized practice;

  (10) history of acts or actions by any other state and federal regulatory agencies; and

  (11) any physical, chemical, emotional, or mental impairment.

(h) In considering a petition, the Board may also consider:

  (1) the gravity of the offense for which the petitioner's license was cancelled, revoked or restricted and the impact the offense had upon the public health, safety, and welfare;

  (2) the length of time since the petitioner's license was cancelled, revoked, or restricted, as a factor in determining whether the time period has been sufficient for the petitioner to have been rehabilitated sufficiently to be able to practice in a manner consistent with the public health, safety and welfare;

  (3) whether the license was submitted voluntarily for cancellation at the request of the licensee; and

  (4) other rehabilitative actions taken by the petitioner.

(i) If the Board grants the petition for reinstatement, the petitioner must successfully complete the Texas State Board Licensing Examination in their area of practice during the regularly scheduled examination times. The Board may also require the petitioner to complete additional testing to assure the petitioner's competency to practice.

Source Note: The provisions of this §575.22 adopted to be effective April 1, 1992, 17 TexReg 2128; amended to be effective March 13, 2001, 26 TexReg 2025; amended to be effective July 12, 2004, 29 TexReg 6650; amended to be effective July 13, 2008, 33 TexReg 5528; amended to be effective June 20, 2012, 37 TexReg 4426; amended to be effective May 4, 2014, 39 TexReg 3429; amended to be effective November 22, 2015, 40 TexReg 8029

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