(a) - (b)(No change.) (c)Investigation of complaints. (1)The policy of the board is that the investigation of complaints shall be the primary concern of the board's enforcement program, and shall take precedence over all other elements of the enforcement program, including compliance inspections. [The board shall investigate complaints against licensees in the order received unless the allegations contained in a complaint are deemed to constitute a continuing or imminent threat to the public welfare, in which case the complaint will be investigated immediately.] (2)The board shall investigate complaints based on the following allegations, in order of priority: (A)acts or omissions, including those related to substance abuse, that may constitute a continuing and imminent threat to the public welfare; (B)acts or omissions of a licensee that resulted in the death of an animal; (C)acts or omissions of a licensee that contributed to or did not correct the illness, injury or suffering of an animal; and (D)all other act and omissions that do not fall within subparagraphs (A) - (C) of this paragraph. (3)[(2)] Upon receipt of a complaint, a letter of acknowledgment will be promptly mailed to the complainant. (4)[(3)] Complaints [ Complaint files] will be reviewed every thirty (30) days to determine the status of the complaint. Parties to a complaint will be informed on the status of a complaint [on] at least on a quarterly basis. (5)[(4)] Upon receipt of a complaint, a board investigator shall review it and may interview the complainant to develop additional information. If the investigator concludes that the complaint resulted from a misunderstanding, is outside the jurisdiction of the board, or is without merit, the investigator shall recommend through the director of enforcement to the executive director that the investigation be closed. If the executive director concurs with the recommendation, the complainant will be so notified, the investigation will be closed, and the complaint file will be maintained in a secure file in the board office. If the executive director does not concur with the recommendation, the investigation will proceed. (6)[(5)] If the executive director returns the complaint to the investigator with a notation of non-concurrence under paragraph (5) [(4)] of this subsection, or if the executive director concurs with the investigator's determination that a potential violation exists, the licensee is furnished with a copy of the complaint, unless the executive director determines that an undercover investigation is required. If no undercover investigation is required, the investigator shall contact the licensee in writing, and request any patient records or other pertinent documents deemed necessary for the investigation. The investigator may schedule an interview with the licensee. The investigator may request a written narrative statement from the licensee. (7)[(6)] After the licensee's response to the complaint is received, further investigation may be necessary to corroborate the information provided by the complainant and the licensee. The investigator may request additional medical opinions, supporting documents, and interviews with other witnesses. (8)[(7)] Upon the completion of an investigation, the director of enforcement shall present to the executive director a report of investigation (ROI) and a conclusion as to the probability that a violation(s) exists. If the executive director determines from the ROI that the probability of a violation involving medical judgement or practice exists, the director of enforcement shall forward a copy of the complaint file to the board secretary, who will determine whether or not the complaint should be closed, further investigation is warranted, or if the licensee should be invited to respond to the complaint at an informal conference at the board offices. If the probable violation does not involve medical judgement or practice, the executive director shall not forward the complaint file to the board secretary, and the executive director shall determine whether or not the complaint should be closed, further investigation is warranted, or if the licensee should be invited to respond to the complaint at an informal conference at the board offices. If the board secretary or executive director determines that a violation has not occurred, the executive director or director of enforcement shall notify the complainant and licensee in writing of the conclusion and that the complaint is dismissed. (9)[(8)] If the board secretary or executive director concludes that a probable violation(s) does exist, the executive director shall invite the licensee in writing to an informal conference to discuss the complaint made against the licensee. The letter invitation to the licensee [shall be mailed by certified mail, return receipt requested, and] must include a list of the specific allegations of the complaint. (d) - (h)(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office
of
the Secretary of State on June 14, 2005
TRD-200502403 Julie A. Barker
Executive Assistant
Texas Board of Veterinary Medical Examiners
Proposed date of adoption: October 12, 2005
For further information, please call: (512) 305-7555
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