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(a)Class A violations. Licensees considered as presenting imminent peril to the public will be considered Class A violators. In determining whether a violation is a Class A, consideration will be given to the disposition of any previously docketed cases, and to the combination of charges which might involve Class B and/or C violations. (1)Class A violations may include, but are not limited to: (A)conviction of a felony, including a felony conviction under the Health and Safety Code, §485.032 (formerly numbered; §485.033) relating to Delivery of an Abusable Volatile Chemical to a Minor, or Chapters 481 relating to Controlled Substances, or Chapter 483 relating to Dangerous Drugs; (B)gross malpractice with a pattern of acts indicating consistent malpractice, negligence, or incompetence in the practice of veterinary medicine; (C)revocation of a veterinary license in another jurisdiction; (D)mental incompetence found by a court of competent jurisdiction; (E)chronic or habitual intoxication or chemical dependency, or addiction to drugs; (F)issuance of a false certificate relating to the sale for human consumption of animal products; (G)presentation of dishonest or fraudulent evidence of qualifications or a determination of fraud or deception in the process of examination, or for the purpose of securing a license; (H)engaging in veterinary practices which are violative of the Rules of Professional Conduct; or (I)fraudulent issuance of health certificates, vaccination certificates, test charts, or other blank forms used in the practice of veterinary medicine that relate to the presence or absence of animal disease. (2)In assessing sanctions and/or penalties, consideration shall be given to the seriousness of the violation, including the nature, circumstances, extent, and gravity of any prohibited acts, and the potential hazard created to the health, safety, or economic welfare of the public; the economic harm to property or the environment caused by the violation; history of previous violations; what is necessary to deter future violations; and any other matters that justice may require. (3)Maximum penalties: (A)revocation of the license; (B)a penalty not exceeding $5,000 for each violation per day; (C)continuing education in a specified field related to the practice of veterinary medicine that the board deems relevant to the violation(s). The total number of hours mandated are in addition to the number of hours required to renew the veterinary license; (D)quarterly reporting certifying compliance with board orders; and/or (E)Licensee sit for, and pass, the SBE. (b)Class B violations. Involves licensees who either have violated rules and/or statutes, and committed a prior Class C violation; or have violated rules and/or statutes and have not committed a prior violation, but the nature and severity of the violation(s) necessitates a greater penalty than that available for a Class C violation, but does not rise to the level of creating an imminent peril to the public. In determining whether a violation is a Class B, consideration will be given to the disposition of the previously docketed cases, and to the combination of charges which might invoke Class A and/or C violations. (1)Class B violations may include, but are not limited to: (A)engaging in dishonest or illegal practices in or connected with the practice of veterinary medicine; (B)engaging in veterinary practices which are violative of the Rules of Professional Conduct; (C)permitting or allowing another to use his/her license or certificate to practice veterinary medicine; (D)committing fraud in application or reporting of any test of animal disease; (E)paying or receiving any kickback, rebate, bonus, or other remuneration for treating an animal or for referring a client to another provider of veterinary services or goods; (F)fraudulent issuance of health certificates, vaccination certificates, test charts, or other blank forms used in the practice of veterinary medicine that relate to the presence or absence of animal disease; (G)performing or prescribing unnecessary or unauthorized treatment; (H)ordering prescription drugs or controlled substances for the treatment of an animal without first establishing a valid veterinarian-patient-client relationship; (I)failure to maintain equipment and business premises in a sanitary condition; or (J)refusal to admit a representative of the board to inspect the client and patient records and business premises of the licensee during regular business hours. (2)In assessing sanctions and/or penalties, consideration shall be given to: the seriousness of the violation, including the nature, circumstances, extent, and gravity of any prohibited acts; the hazard or potential hazard created to the health, safety, or economic welfare of the public; the economic harm to property or the environment caused by the violation; the history of previous violations; what is necessary to deter future violations; and any other matters that justice may require. (3)Maximum penalties: (A)one to 10-year license suspension with none, all, or part probated; (B)a penalty not exceeding $5,000 for each violation per day; (C)continuing education in a specified field related to the practice of veterinary medicine that the board deems relevant to the violation(s). The total number of hours mandated are in addition to the number of hours required to renew the veterinary license; (D)quarterly reporting certifying compliance with board orders; and/or (E)Licensee sit for, and pass, the SBE. (c)Class C violations. Involve licensees who have violated the rules and/or statutes, but do not have a history of previous violations. Consideration should be given to the nature and severity of the violation(s). (1)Class C violations may include, but are not limited to, minor violations included in Class A and/or B in which there is no hazard or potential hazard created to the health, safety, or economic welfare of the public and no economic harm to property or to the environment. (2)In assessing sanctions, consideration should be given to the good or bad faith exhibited by the cited person; evidence that the violation was willful; extent to which the cited individual has cooperated with the investigation; and the extent to which the cited person has mitigated or attempted to mitigate any damage or injury caused. (3)Maximum penalties: (A)six months to one-year suspension with the entire period probated; (B)an administrative penalty not to exceed $500 for each violation per day; and/or (C)Licensee sit for, and pass, the SBE.
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 October 31, 2011
TRD-201104674 Loris Jones
Executive Assistant
Texas Board of Veterinary Medical Examiners
Effective date: November 20, 2011
Proposal
publication date: August 12, 2011
For further information, please call: (512) 305-7563
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