Texas Register

TITLE 22 EXAMINING BOARDS
PART 24TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS
CHAPTER 573RULES OF PROFESSIONAL CONDUCT
SUBCHAPTER GOTHER PROVISIONS
RULE §573.65Definitions
ISSUE 03/06/2009
ACTION Final/Adopted
Preamble Texas Admin Code Rule

The following words and terms, when used in the Veterinary Licensing Act (Chapter 801, Texas Occupations Code) or the Rules of the Board (Texas Administrative Code, Title 22, Part 24, Chapters 571 - 577) shall have the following meanings, unless the context clearly indicates otherwise:

  (1)Accepted livestock management practices--those practices involving animals raised or produced primarily for food, fiber, or other products for human consumption, and may include the following:

    (A)branding, tattooing, ear tags or identifying marks of any kind;

    (B)tail docking, except cosmetic tail docking that is performed for appearance purposes only;

    (C)earmarking;

    (D)routine dehorning, except cosmetic dehorning that reshapes or alters the poll area for appearance purposes;

    (E)castration;

    (F)non-surgical assistance with birthing;

    (G)implantation with approved implant products;

    (H)administration of a biologic, except where restricted by law to administration by a veterinarian, and not including deworming by use of stomach tubing;

    (I)artificial insemination;

    (J)shoeing and trimming hooves; and

    (K)application or administration of parasiticides, except where restricted by law.

  (2)Designated caretaker--a person to whom the owner of an animal has given specific authority to care for the animal, and who has not been designated, by using the pretext of being a designated caretaker, to circumvent the Veterinary Licensing Act (Chapter 801, Occupations Code) by engaging in any aspect of the practice of veterinary medicine (including alternate therapies). A designated caretaker who treats an animal for a condition that the animal was known or suspected of having prior to the person being named a designated caretaker, is presumed to be attempting to circumvent the Veterinary Licensing Act unless the designated caretaker is following the instruction of a veterinarian. In this situation, the designated caretaker may present evidence to rebut the presumption.

  (3)Food production animals--any mammalians, poultry, fowl, fish or other animals that are raised primarily for human food consumption.

  (4)Biologic--any serum, vaccine, antitoxin, or antigen used in the prevention or treatment of disease.

  (5)Pregnancy testing--the diagnosis of the physical condition of pregnancy by any method other than the gross visual observation of the animal;

  (6)Invasive dentistry or invasive dental procedures--exposing of the dental pulp, or performing extractions.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 18, 2009

TRD-200900701

Loris Jones

Executive Assistant

Texas Board of Veterinary Medical Examiners

Effective date: March 10, 2009

Proposal publication date: November 7, 2008

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



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