Texas Register

TITLE 22 EXAMINING BOARDS
PART 24TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS
CHAPTER 573RULES OF PROFESSIONAL CONDUCT
SUBCHAPTER GOTHER PROVISIONS
RULE §573.64Continuing Education Requirements
ISSUE 07/11/2008
ACTION Proposed
Preamble Texas Admin Code Rule

(a)Requirements

  (1)Seventeen (17) hours of acceptable continuing education shall be required annually for renewal of all types of Texas licenses except as provided in subsection (e) of this section. Licensees who successfully complete the Texas State Board Licensing Examination shall be allowed to substitute the examination for the continuing education requirements of the calendar year in which they were examined.

  (2)A licensee shall earn [obtain] the required 17 hours of acceptable continuing education during the calendar year immediately preceding the licensee's application for license renewal. Should a licensee earn [obtain] acceptable continuing education hours during the year in excess of the required 17 hours, the licensee may carry over and apply the excess hours to the requirement for the next year. Licensees may carry over excess hours to the following year only. A maximum of 17 hours may be carried over each year.

  (3)Hardship extensions may be granted by appeal to the Executive Director of the Board. The executive director shall only consider requests for a hardship extension from licensees who were prevented from completing the required continuing education hours due to circumstances beyond the licensee's control. A hardship extension generally will not be allowed due to financial hardship or lack of time due to a busy professional or personal schedule. Requests for a hardship extension must be received in the Board offices by no later than December 15. Should such extension be granted, thirty-four (34) hours of continuing education shall be obtained in the two-year period of time that includes the year of insufficiency and the year of extension. Licensees receiving a hardship extension shall maintain records of the thirty-four (34) hours of continuing education obtained and shall file copies of these records with the Board by attaching the records to the license renewal application submitted following the extension year, or by sending them to the Board separately if the licensee submits his or her application electronically (on-line).

(b)Proof of Continuing Education. The licensee shall sign a statement on the licensee's annual license renewal form attesting to the fact that the required continuing education hours have been obtained. If the licensee renews his license electronically (on-line), the licensee shall input an affirmation that the required continuing education hours have been obtained. The licensee shall maintain records which support the signed statement or affirmation. These documents must be maintained for the last three (3) complete renewal cycles and shall be available at the practice location for inspection to Board investigators upon request. Proof of attendance at live, on-site courses may require sign-in procedures, course checklists, certificates of course completion and other measures as directed by the Board. For proof of on-line interactive courses, the licensee must provide a certificate from the provider showing the nature of the course, date taken, and the hours given. For proof of self-study, the licensee must provide a signed statement showing details, including dates, of the articles or courses read, videos observed, or audios listened to, and hours claimed.

(c)Acceptable Continuing Education.

  (1)Continuing Education hours shall be acceptable if they relate to clinical matters and/or practice management.

  (2)Acceptable continuing education hours shall be earned by:

    (A)attending meetings sponsored or co-sponsored by the American Veterinary Medical Association (AVMA), AVMA's affiliated state veterinary medical associations and/or their continuing education organizations, AVMA recognized specialty groups, regional veterinary medical associations, local veterinary medical associations, and veterinary medical colleges;

    (B)taking correspondence courses;

    (C)participating in verifiable, on-line and video programs or other telecommunication discussions that provide for interactive participation by the licensee;

    (D)self study, which includes reading articles in professional journals or periodicals, listening to audio tapes or CD's, or viewing video tapes or similar devices that transmit a video image; or

    (E)any other methods approved by the Executive Director and a veterinarian Board member appointed by the Board President, or approved by the Registry of Approved Continuing Education (RACE) of the American Association of Veterinary State Boards.

  (3)The Board shall accept continuing education hours obtained as a requirement of disciplinary action.

(d)Distribution of Continuing Education Hours

  (1)Of the required seventeen (17) hours of continuing education, no more than five (5) hours may be derived from either:

    (A)correspondence courses; or

    (B)practice management courses.

  (2)Hours claimed for self study shall not exceed three (3) hours.

  (3)Hours claimed for interactive, participatory programs shall not exceed 10 hours.

  (4)Notwithstanding the allowable hours provided in paragraphs (1) - (3) of this subsection, at least seven (7) hours must be obtained from personal attendance at live courses, seminars and meetings providing continuing education.

(e)Exemption from Continuing Education Requirements. A licensee is not required to obtain or report continuing education hours, provided that the licensee submits to the Board sufficient proof that during the preceding year the licensee was:

  (1)in retired status;

  (2)a veterinary intern or resident; or

  (3)out-of-country on charitable, military, or special government assignments for at least nine (9) months in a year; or

  (4)on inactive status. Licensees on inactive status may voluntarily acquire continuing education for purposes of reinstating his/her license to regular status.

(f)Make up Hours. The Board may require a licensee who does not complete the 17 hours of continuing education to make up the missed hours in later years. Hours required to be made up in a later year are in addition to the 17 hours required to be completed in that year.

(g)Disciplinary Action for Non-compliance. Failure to complete the required hours without obtaining a hardship extension from the executive director, failure to maintain required records, falsifying records, or intentionally misrepresenting programs for continuing education credit shall be grounds for disciplinary action by the Board.

(h)Participating in a Continuing Education Program as a Disciplinary Action.

  (1)The Board may require a licensee who violates the Veterinary Licensing Act or the Board's Rules to participate in a program to acquire continuing education.

  (2)Continuing education hours required under this subsection shall be in addition to the 17 hours required of all licensees, and shall be

    (A)based on the seriousness of the violation; and

    (B)relevant to the violation committed by the license holder.

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 24, 2008

TRD-200803300

Loris Jones

Executive Assistant

Texas Board of Veterinary Medical Examiners

Earliest possible date of adoption: August 10, 2008

For further information, please call: (512) 305-7563



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