(a)(No change.) (b)Complaints against non-licensees. Complaints against persons alleged to be practicing veterinary medicine without a license may be investigated and resolved informally by the executive director with the consent of the non-licensee, or the Board may utilize formal cease and desist procedures specified in §801.508, Occupations Code. Complaints not resolved by the executive director may be referred [by the Board] to a local prosecutor or the attorney general for legal action. (c)Investigation of complaints. (1) - (3)(No change.) (4)Complaints 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 at approximately 45 day intervals [ least on a quarterly basis]. (5)Upon receipt of a complaint, the director of enforcement will [a board investigator shall] review it and may interview the complainant to develop additional information. If the director of enforcement [investigator] concludes that the complaint resulted from a misunderstanding, is outside the jurisdiction of the board, or is without merit, the director of enforcement [investigator] shall recommend through the general counsel [director of enforcement ] to the executive director that the investigation not be initiated [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 recommendations, the investigation will proceed. (6)The director of enforcement will assign an investigator to the complaint, and the investigator will send a request for patient records to the licensee. Once the investigator receives the patient records, the licensee will be sent a copy of the complaint and a request for a written response to the complaint. [If the executive director returns the complaint to the investigator with a notation of non-concurrence under paragraph (5) 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)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. During the investigation, the investigator will [shall] interview the complainant, if possible . The investigator may request additional medical opinions, supporting documents, and interviews with other witnesses. (8)(No change.) (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 October 17, 2006
TRD-200605632 Julie A. Barker
Executive Assistant
Texas Board of Veterinary Medical Examiners
Proposed date of adoption: February 8, 2007
For further information, please call: (512) 305-7555
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