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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 equidae, 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. [The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.]
[(1)Accepted livestock management practices (Article 8890, §3(a)(2)) Accepted livestock management practices are defined as those involving animals raised or produced primarily for food, fiber, or other products for human consumption. Those practices consist of branding, tattooing, or identifying in any manner; tail docking of lambs (excludes cosmetic tail docking that is performed for appearance purposes only); earmarking; routine dehorning (excludes "cosmetic dehorning" that reshapes or alters the poll area for appearance purposes); castration; son-surgical assistance of the birth process; implantation with approved implant products; administration of vaccines and biologicals (unless restricted to administration by a veterinarian);artificial insemination; application of ear tags (excluding official USDA tags);and application or administration of parasiticides (unless otherwise restricted by other agencies). Accepted equine management practices include tattooing or branding; artificial insemination, ; shoeing and trimming hooves; aiding in non-surgical birth process; administration of vaccines, biologicals, and parasiticides (excluding deworming by use of stomach tubing).] [(2)Designated caretaker (Article 8890, §3(a)(1) An individual to whom the owner of a food production animal has given specific authority to care for such food production animal, and who has not been employed, by using the pretext of being a designated caretaker, to circumvent the Veterinary Licensing Act by engaging in any aspect of veterinary medicine or alternative therapies. It shall be presumed that a designated caretaker who treats a food production animal for a condition that the animal was known or suspected of having prior to the individual being named a designated caretaker is attempting to circumvent the Veterinary Licensing Act unless the designated caretaker is following the instructions of a veterinarian. This presumption is a rebuttable presumption.] [(3)Consultation The act of rendering professional advice about a specific case. Consultations are limited to diagnosis and prognosis, and does not include treatment or surgery.] [(4)Food production animals (Article 8890, §3(a)(4) Any mammalians, poultry, fowl, fish, or other animals that are raised primarily for human food consumption.] [(5)Biologic (Article 8890, §2(A)) Any serum, vaccine, antitoxin, or antigen used in the prevention or treatment of disease.] [(6)Pregnancy testing (Article 8890, §2(D)(11) Pregnancy testing is the diagnosis of the physical condition of pregnancy by any method other than the gross visual observation of the animal.]
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 February 24, 2003
TRD-200301361 Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Earliest possible date of adoption: April 6, 2003
For further information, please call: (512) 305-7563
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