The Texas Board of Veterinary Medical Examiners (Board) proposes an amendment to §571.15, concerning Temporary Veterinary License.

The proposed amendment to §571.15 clarifies that the provision applies only to veterinary licensees, and not to equine dental provider licensees. The proposed amendments are necessitated by House Bill (HB) 414, 82nd Legislative Session, which gave the Board the authority to license and regulate equine dental providers. The Legislature did not extend temporary licenses to equine dental providers; under Texas Occupations Code §801.258, only veterinarians can obtain temporary licenses.

The proposed amendment also contains changes necessitated by Senate Bill (SB) 811, which amended Texas Occupations Code §801.258 to allow veterinarians to obtain temporary licenses if they had been licensed in good standing in a foreign country, and removed the requirement that a veterinarian seeking a temporary license first pass the Board's jurisprudence examination. Other minor changes have been made to correct capitalization.

Nicole Oria, Executive Director, has determined that for each year of the first five years that the rule is in effect there will be minor increases in costs to state government associated with more veterinarians seeking temporary licensure, but that those costs will be offset by additional revenues from the fees paid by the veterinarians seeking temporary licensure. Ms. Oria does not anticipate any additional costs to local governments as a result of enforcing or administering the rule as proposed. Ms. Oria has determined that there will be no reduction in costs for either state or local governments as a result of enforcing or administering this rule. Ms. Oria has further determined that there will be no loss or increase in revenue to local governments as a result of enforcing or administering the rule. Moreover, Ms. Oria has determined that there will be no local employment impact as a result of adoption of the proposed rule.

Ms. Oria has also determined that for each year of the first five years the rule is in effect, the anticipated public benefit will be to allow consulting veterinarians, who are often specialists, to obtain a temporary veterinary license more easily and quickly, which should enhance the quality and variety of veterinary medical care available in Texas. Ms. Oria has determined that there will be the minor economic cost of licensing fees to individuals required to comply with the rule, but those costs should be offset by the professional fees the veterinarians will obtain from consulting or practicing veterinary medicine in Texas on a temporary basis. Ms. Oria has determined that there will be no negative effect on small businesses and micro businesses. Indeed, there may be a minor positive effect for small and micro businesses, as small veterinary practices will be able to obtain temporary licenses for consulting veterinarians from foreign states or countries more easily under the revised rule. There is no anticipated difference in cost of compliance between small and large businesses.

The Texas Board of Veterinary Medical Examiners invites comments on the proposed amendment 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, Suite 3-810, Austin, Texas 78701-3942, by facsimile (FAX) to (512) 305-7574, or by e-mail to vet.board@tbvme.state.tx.us. Comments will be accepted for 30 days following publication in the Texas Register.

The amendment is 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, and §801.258, which states that the Board by rule may provide for the issuance of a temporary license to practice veterinary medicine.

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