Texas Register

RULE §573.65Definitions
ISSUE 08/13/2010
ACTION Proposed
Rule Withdrawn: 09/30/2010
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;


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


    (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 and is under the appropriate level of supervision per board rules. 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.

   (7)Sedation--a minimally depressed level of consciousness that retains the patient's ability to independently and continuously maintain an airway and respond appropriately to physical stimulation, and that is produced by a pharmacologic method. In accordance with this particular definition, the drugs and/or techniques used should carry a margin of safety wide enough to render unintended loss of consciousness unlikely. Further, patients whose only response is reflex withdrawal from repeated painful stimuli would not be considered to be in a state of sedation.

   (8)Anesthesia--an induced state of unconsciousness accompanied by partial or complete loss of normal protective reflexes in all or part of the body, including an inability to respond purposefully to physical stimulation, and is produced by a pharmacological method. One example includes the patient's inability to independently maintain an airway. The use of local or topical anesthesia on the patient is included in this definition for the purposes of the Board Rules.

   (9)Local anesthesia--the elimination of sensations, especially pain, in one part of the body by the regional injection of a drug.

   (10)Topical anesthesia--the elimination of sensations, especially pain, in one part of the body by the topical application of a drug.

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 August 2, 2010


Loris Jones

Executive Assistant

Texas Board of Veterinary Medical Examiners

Earliest possible date of adoption: September 12, 2010

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

Next Page Previous Page

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page