The Texas Board of Veterinary Medical Examiners (Board) proposes the repeal of Chapter 571, Subchapter A, Examination, §§571.1, 571.3, 571.4, 571.14, and 571.18; Subchapter B, Reciprocal Licensing Agreements, §571.31; and Subchapter C, Licensing Renewals, §§571.51 - 571.59 and 571.61. The Board also proposes new Subchapter A, General, §§571.1, 571.3, 571.5, 571.7, 571.9, 571.11, 571.13, and 571.15; Subchapter B, Examinations, §§571.21, 571.23, and 571.25; Subchapter C, Reciprocal Licensing Agreements, §571.31; and Subchapter D, License Renewals, §§571.51 - 571.59 and 571.61 - 571.63.

The proposed repeal and replacement result from the Board's rule review conducted in accordance with Texas Government Code, §2001.039. Elsewhere in this issue of the Texas Register the Board proposes the review of Chapter 571.

The Board proposes the following changes to 22 TAC Chapter 571 that would clarify and organize the rules of licensing before the Board, including but not limited to definitions, criminal history evaluation letters, qualifications and eligibility for licensure, temporary licensure, special licenses, provisional licensure, and application for the state board exam.

Proposed new §571.1 regarding definitions would define terms used throughout the Veterinary Licensing Act and rules of the board regarding licensing, specifically the Board, locally derived scaled score, name on license, National Board of Veterinary Medical Examiners, national examination, North American Veterinary Licensing Examination, passing score, SBE (state board examination), and school or college of veterinary medicine. The terms were previously defined in §571.3 and have been broken out and placed at the beginning of the chapter for ease of use. The definition of name on license is a definition previously set out in §571.14, that the name on a license issued by the Board will be the name of the individual as it appears on the birth certificate, court order, marriage license, or document of naturalization. The definition for passing score adds the further clarification to state current Board practice that the examination score for the SBE is valid for one year past the date of the examination. The definition for testing window is no longer included as the Board is no longer administering the registration for NAVLE, rather the NBVME. The definition for school or college of veterinary medicine is also from §571.3(b) which defined the eligibility for licensure before the Board.

Proposed new §571.3, regarding criminal history evaluation letters, was previously §571.1. No new language was added.

Proposed new §571.5, regarding qualifications for veterinary license, was, in large part, contained in the previous §571.3(b). To be eligible for licensure, the licensee shall be the age of majority, which is currently 18 years old, rather than specifically 18 years old, so that the rule would not have to be changed if the age of majority is ever changed by law.

Proposed new §571.7, regarding licensing eligibility, was, in large part, also contained in the previous §571.3(d)(1) and (2). Language was added that clarified that the application for NAVLE is through NBVME. In addition, language was added that states a candidate for NAVLE must take the examination within the testing window in which the candidate is authorized for testing. It also states that a candidate who fails to take the examination within the appropriate testing window or fails to obtain a passing score on the NAVLE and desires to take the examination during a subsequent testing window must comply with NBVME application requirements. This is placing into rule the current Board practice.

Proposed new §571.9, regarding special licenses, was, in large part, contained in §571.4. Language was changed to be eligible for a special license, the licensee shall be the age of majority, which is currently 18 years old, rather than specifically 18 years old, so that the rule would not have to be changed if the age of majority is ever changed by law. In addition, language was changed that in order to be eligible for a special license, a licensee must present proof of a current active license in good standing in another state or jurisdiction of the United States that has substantially equivalent licensing requirements as set forth in the Texas Veterinary Licensing Act, rather than just to be simply licensed in another United States jurisdiction. This is placing into rule the current Board practice, so that someone who is under suspension, for example in another state, would not be eligible for a special license.

Proposed new §571.11, regarding provisional licensure, was, in large part, contained in §571.18. Language was added that requires an active license to be eligible for a provisional licensure. In addition, language was added clarifying the letters of reference must be from two licensed veterinary employers or licensed veterinary colleagues with direct knowledge of the applicant's veterinary practice and experience, rather than just persons with direct knowledge of the applicant's veterinary practice and experience. This is placing into rule the current Board practice.

Proposed new §571.13, regarding temporary licensure during declared state of disaster, sets forth the process for temporary licensure of veterinarians licensed in states other than Texas who enter the state to provide relief services during a state of emergency declared by the Office of the Governor. The rule proposed is the rule that has in the past been adopted on an emergency basis by the board at the time a state of emergency was declared.

Proposed new §571.15, regarding temporary veterinary licenses, sets forth the process for the temporary licensure of a veterinarian in Texas. The Texas Veterinary Licensing Act provides for the issuance of a temporary license, with certain restrictions set forth in §801.252, as placed on every license issued in Texas. As the veterinary medical field has become more specialized, more specialists are located in other licensing jurisdictions. There has been an increased desire by licensed veterinarians in Texas, as well as by the clients of these veterinarians, to have the very best in a certain field be able to practice in Texas on a limited basis. The licensee under the proposed rule would be under general supervision of a Texas licensed veterinarian who possesses an active, current Texas license. The temporary license would be valid for thirty days and is not renewable, nor can it be reissued. An applicant may request a second temporary veterinary license within the same calendar year, provided that no more than two veterinary licenses are issued within the same calendar year.

Proposed new §571.21, regarding application for the SBE (state board examination), sets forth the process for applying to the board to take the SBE, and was, in large part, contained in §571.3(c).

The rule clarifies that the completion of any terms and conditions as set forth in a board order is required prior to the date of the examination for which the applicant intends to sit.

Proposed new §571.23, regarding licensing examination, sets forth which certified scores will be accepted on national board examinations, as well as setting out the process for requests for information on examination scores. The proposed rule was, in large part, contained in §571.3(d)(3) and (4). The proposed rule further clarifies that the board will not disclose any actual examination documents or materials, as is the current practice of the board.

Proposed new §571.25, regarding reapplication for SBE, sets forth the process by which an applicant may reapply to take the SBE, as well as when a refund may be due to an applicant, defining an "emergency" as used in this rule. The proposed rule was, in large part, contained in §571.3(d)(7).

Proposed §571.31, regarding reciprocal licensing agreements, adds language which clarifies the board shall not license by endorsement, which is the process where a licensing board recognizes another state's license as adequate to become licensed in Texas. This is the current practice of the board to not license by endorsement.

Proposed §571.59, regarding expired licenses, adds clarifying language that when a veterinarian's license expires on March 1st of each calendar year, the license is considered delinquent. This is the current practice of the board.

Proposed new §571.62, regarding defaults on student loans, is based on §57.491 of the Texas Education Code, which provides that a licensing agency shall not renew the license of a licensee whose name is provided by the lender as being in default on a student loan. The rule is intended to prevent an individual from renewing a veterinary license if the individual is in default on payment of a student loan, and to give the board discretion to deny veterinary licenses to applicants for licensure that are in default on repayment of their student loans. This process is currently in practice by the board, as authorized by the Texas Education Code.

Proposed new §571.63, regarding defaults on child support payments, sets forth the requirement under Chapter 232 of the Texas Family Code that the board is required to suspend and/or deny a renewal of a license upon receipt of a final order suspending a license, as further defined under Chapter 232 of the Texas Family Code, for failure to pay child support and/or where the Office of the Attorney General has notified the board to suspend and/or not renew a license for failure to pay child support.

Technical Changes

Throughout Chapter 571, numerous grammatical, conforming and non-substantive changes would be made. Also, statutory citation references would be updated and standardized to reflect current law and Texas Register formatting requirements.

Dewey E. Helmcamp III has determined that for each year of the first five years the proposed rules are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed new rules. The licensing fee for the temporary license will cover any additional state resources required by the board to process the application for the temporary license. There are no additional reductions in costs to the state and to local governments expected as a result of enforcing or administering the rule. There are no additional losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule, other than the license fees for temporary licenses.

Dewey E. Helmcamp III has determined that for each year of the first five years the proposed new rules are in effect the public benefit anticipated as a result of the proposed revisions would be ensuring that the general public is aware of the requirements and procedures for licensing with the Board. The public benefit anticipated as a result of the proposed revisions would be ensuring that the general practice and procedures for the Board are clear and well organized and address the common issues for licensees and any other party that may appear before the Board. The public will also benefit by having specialists from other licensing jurisdictions be able to temporarily practice in Texas and provide their expertise for the public's animals in Texas. There will be no effect on small businesses or micro-businesses. There is no anticipated economic cost to persons who are required to comply with the proposed new rules, other than the licensing fee required for a temporary license, if a veterinarian from another licensing jurisdiction would like to apply to practice temporarily in Texas. The proposed amendments and proposed new rules do not have any local employment impact.

The Texas Board of Veterinary Medical Examiners invites comments on the proposal from any member of the public. A written statement should be mailed or delivered to Loris Jones, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Ste. 3-810, Austin, Texas 78701-3942, by facsimile (FAX) to (512) 305-7574, or by e-mail vet.board@tbvme.state.tx.us. Comments will be accepted for 30 days following publication in the Texas Register.

The new rules are proposed 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.

Texas Occupations Code, Chapter 801, is affected by this proposal.