(a)Complaints against licensees.
(1)All complaints filed by the public against Board
licensees must be in writing on a complaint form provided by the Board
and signed by the complainant. The Board-approved complaint form can
be obtained free of charge from the Board office or downloaded from
the Board's website at http://www.veterinary.texas.gov [http://www.tbvme.state.tx.us
]. If a complaint is transmitted to the Board orally or by means
other than in writing and the complaint alleges facts showing a continuing
or imminent threat to the public welfare, the requirement of a written
complaint may be waived until later in the investigative process.
(2)The Board may file a complaint on its own initiative.
(3)Complaints by the Board's enforcement section shall
be initiated by the opening of a complaint file.
(4)Anonymous written complaints will normally not
be investigated, but may be investigated if sufficient information
exists for the Board to file a complaint under paragraph (2) of this
subsection.
(5)The Board shall utilize violation code numbers
to distinguish between categories of complaints.
(6)The Board may not consider a complaint that is
filed with the Board after the fourth anniversary of the latest date:
(A)the act that is the basis of the complaint occurred;
or
(B)the earlier of when the complainant discovered,
or in the exercise of reasonable diligence should have discovered,
the occurrence of the act that is the basis of the complaint.
(7)If the Board receives multiple
complaints regarding the same licensee and the same alleged facts,
the Board may combine the complaints into one investigation and one
file. The director of enforcement may elect to divide multiple complaints
regarding the same licensee and the same alleged facts into multiple
cases based upon the timing of the receipt of such complaints.
(b)Complaints against non-licensees. Complaints against
persons alleged to be practicing veterinary medicine or equine dentistry
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 to a local prosecutor or the attorney general for
legal action, as well as addressed in §801.508 of the Occupations
Code.
(c)Report to the Board of dismissed complaints. The
executive director or the executive director's designee shall advise
the Board at each scheduled meeting of the complaints dismissed since
the last meeting.
(d)Use of Private Investigators. The executive director
may approve the use of private investigators to assist in investigation
of complaints where the use of Board investigators is not feasible
or economical or where private investigators could provide valuable
assistance to the Board investigators. Private investigators may be
utilized in cases involving honesty, integrity and fair dealing; reinstatement
applications; solicitation; fraud; dangerous drugs and controlled
substances; and practicing veterinary medicine or equine dentistry
without a license. Private investigators will be utilized in accordance
with existing purchasing rules of the Comptroller of Public Accounts.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office
of the Secretary of State on August 31, 2015
TRD-201503469 Loris Jones
Executive Assistant
Texas Board of Veterinary Medical
Examiners
Earliest possible date of adoption: October 11, 2015
For further information, please call: (512) 305-7563
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