The Texas Board of Veterinary Medical Examiners ("Board") proposes amendments to §575.25, concerning Recommended Schedule of Sanctions. The section reflects amendments by the 79th Legislature to the Veterinary Licensing Act (Chapter 801, Occupations Code), which allow the Board to determine from a statutory menu of penalties the appropriate penalty to assess, depending on the seriousness of the offense, in cases where a license holder has been convicted of a felony under §485.032 (renumbered by the Legislature from §485.033), Chapter 481 (relating to controlled substances), or Chapter 483 (relating to dangerous drugs) of the Health and Safety Code. Previously, the Board was required to suspend a licensee's license upon a felony conviction under these statutes. The amended section allows the Board to exercise its discretion in determining the licensee's penalty, which may include a reprimand, an administrative penalty, suspension of license, probation of suspension, and revocation of license.

Section 575.25 contains a schedule of penalties depending on whether an offense is considered a Class A, B, or C offense. Class A offenses are the most serious, and include conviction of a felony. Class A offenses carry a maximum penalty of license revocation. Lesser penalties, such as suspension and probation of suspension, are by definition possible penalties. By including in Class A convictions under §483.032 and Chapters 481 and 483 of the Health and Safety Code, all of the range of penalties specified in Chapter 801 of the Occupations Code are available to the Board when a felony conviction is involved.

Dewey Helmcamp, Executive Director, has determined that for the first five-year period the amended section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.

Mr. Helmcamp has also determined that for each year of the first five years the amendments are in effect the public benefit anticipated as a result of enforcing the amended section will be to assure that penalties are assessed in relation to the severity of the offense involved. A veterinarian's license is not automatically suspended for a less serious offense. There will be no effect on small or micro businesses. There will be no economic cost to persons required to comply with the amended section as proposed.

Comments on the proposed amendments may be submitted in writing to Lee Mathews, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite 3-810, Austin, Texas 78701, phone (512) 305-7555, fax (512) 305-7556, e-mail vet.board@tbvme.state.tx.us and will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendments are proposed under the authority of the Veterinary Licensing Act, Texas Occupations Code, §801.151(a) which states that the Board may adopt rules necessary to administer the chapter.

The amendments affect the Texas Occupations Code, §801.406, relating to disciplinary actions for certain felony convictions.