The Texas Board of Veterinary Medical Examiners (Board) adopts 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, License Renewals, §§571.51 - 571.59 and 571.61, without changes to the proposal as published in the February 18, 2011, issue of the Texas Register (36 TexReg 896) and will not be republished. The Board also adopts 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. New §§571.1, 571.3, 571.9, 571.11, 571.13, 571.21, 571.23, 571.25, 571.31, 571.51 - 571.59, 571.62 and 571.63 are adopted without changes to the proposed text as published in the February 18, 2011, issue of the Texas Register (36 TexReg 896) and will not be republished. Sections 571.5, 571.7, 571.15, and 571.61 are adopted with grammatical changes to the proposed text as published in the February 18, 2011, issue of the Texas Register. The text of the rules will be republished.

The 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 adopts the review of Chapter 571.

Section 571.5(a)(3) is adopted with a minor grammatical change. A period has been added at the end of the sentence. No comments were received regarding adoption of the rule review of 22 TAC Chapter 571 or the repeal or new rules.

The Board adopts 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.

New §571.1 regarding definitions, defines 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.

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

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.

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.

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 21 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 only for unrepresented or under-represented areas of practice. 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.

New §571.11, regarding provisional licensure, was, in large part, contained in §571.18. Language was added that requires an active license, rather than just a 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.

New §571.13, regarding temporary licensure during declared state of disaster, sets forth the process for temporary licensure of veterinarians licensed in other 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 adopted rule 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.

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 Occupations Code, §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 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. 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.

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.

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 adopted rule was, in large part, contained in §571.3(d)(3) and (4). The adopted rule further clarifies that the board will not disclose any actual examination documents or materials.

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 rule was, in large part, previously contained in §571.3(d)(7).

New §571.31, regarding reciprocal licensing agreements, added 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.

New §571.59, regarding expired licenses, added 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.

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 individuals from renewing veterinary licenses 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.

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 were made. Also, statutory citation references are updated and standardized to reflect current law and Texas Register formatting requirements.

The new rules are 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.