|(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
(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
(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
(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