The Texas Board of Veterinary Medical Examiners adopts an amendment to §575.25, concerning Recommended Schedule of Sanctions, with a minor change to the proposed text as published in the July 3, 2009, issue of the Texas Register (34 TexReg 4485). The text of the rule will be republished.

In subsection (a)(3)(E) a minor change was made. In the proposed version, a parenthesis was inadvertently included after "SBE". The parenthesis has been removed.

The amendment concerns the schedule of sanctions available to the Board with regard to licensees who have committed Class A, B or C violations of the Veterinary Licensing Act and/or Board rules. The amendment allows the Board to impose, as a sanction for a licensee's commission of a Class A, B or C violation of the Veterinary Licensing Act and/or Board rules, that the licensee sit for, and pass, the Texas State Board Licensing Exam, otherwise known as the SBE. This is to conform the rule to the current practice of the Board.

One commenter opposed adoption as the new proposed penalties have no value other than to intimidate veterinarians. The Board respectfully disagrees and has and continues to use the requirement a licensee sit for and pass the SBE as an educational tool for licensees so that violations to the Act and/or the Board's rules are not repeated.

One commenter opposed adoption as the new proposed penalties are too strict for Class B and especially Class C violations. The commenter suggested just continuing education in the regulations as being sufficient for those violations. The Board respectfully disagrees and feels that sitting for and passing the SBE is a useful educational tool even for Class C violations in the hope of preventing any further violations of the Act and/or Board rules by the licensee as deemed necessary for individual cases presented to the Board.

The amendment is adopted under the authority of the Veterinary Licensing Act, Occupations Code, §801.151(a) which states that the Board may adopt rules necessary to administer the chapter, as well as §801.151(b) which states that the Board may adopt rules of professional conduct appropriate to establish and maintain a high standard of integrity, skills, and practice in the veterinary medicine profession.