(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. [ in which veterinary practices are inspected on an unannounced basis by board investigators to ensure that licensees are complying with the requirements of this Act. Those item to be inspected include, but are not limited to, display of licenses, compliance with required consumer information in Texas Civil Statutes Article 8890, §18A(b), continuing education requirements, sanitation, patient record completion, drug security, drug accountability, and compliance with other state and federal drug laws.] (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 notarized 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. [(b)Inspection reports will be completed by investigators in duplicate. Copy 1 will be processed and filed in the licensee's personal file when all deficiencies have been corrected by the licensee. Copy 2 will be left with the licensee.] (c)After an on-site inspection, licensees [ Licensees] will normally be given 45 days to correct deficiencies and provide written documentation of the corrections. Licensees will normally be given 30 days to respond to an inspection by mail. [Licensees who are delinquent will be contacted by certified mail, requesting them to answer within 15 days of receipt of letter.] If no timely response is received within that time period, the inspection process will become an investigation [status of "inspection" will be changed to "investigation" ] and the Board will follow the formal investigative procedure [will be followed]. (d)After an initial inspection, if the licensee makes required corrections to noted deficiencies, investigators may recommend to the director of enforcement to close a compliance inspection deficiency [discrepancy] to "no violation" [ voluntary compliance] within the spirit and intent of the program, except when a deficiency [violation is identified that] involves[ :] flagrant disregard of the law, including [allowing] illegal practices [practice]; 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. Where such violations are noted, [ In these instances] the compliance inspection shall be terminated and the investigator will open an investigation [will be opened] and the violations [all such matters] will [ must] be referred to the director of enforcement [chief investigator] for review as a complaint. (e)When in a subsequent inspection a licensee [ is inspected sometime after an initial inspection and the 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 [he] has continued to violate the Veterinary Licensing Act and/or Board rules [ Rules of Professional Conduct and those violations will be reported to the secretary of the board for whatever disciplinary action he/she deems appropriate ]. (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 [Licensees that are ordered by the board to perform certain acts may be inspected on an unannounced basis] to verify that the licensees performed [perform] the required acts. If the licensee is found to have refused or failed to comply with the Board [ board] order, the investigator will prepare [advise him that] a report [will be prepared] documenting the failure to comply and [that] the report will be submitted to the [ secretary of the] Board [board] for appropriate [whatever] disciplinary action [he/she deems appropriate ].
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 October 19, 2005
TRD-200504730 Julie A. Barker
Executive Assistant
Texas Board of Veterinary Medical Examiners
Proposed date of adoption: February 15, 2006
For further information, please call: (512) 305-7555
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