The Texas Board of Veterinary Medical Examiners adopts an amendment to §573.64, regarding continuing education requirements. The amendment is adopted with changes to the proposed text as published in the November 27, 2015, issue of the Texas Register (40 TexReg 8437).

The rule clarifies that except as provided in subsection (a)(1) of the rule, continuing education hours obtained prior to licensure in Texas may not be applied toward the required number of continuing education hours. Subsection (a)(1) provides that veterinary licensees who successfully complete the Texas State Board Licensing Examination shall receive credit for seventeen continuing education hours for the calendar year in which they were examined and licensed.

The agency received one comment regarding this rule. Paulette Andrew, DVM, commented in opposition to the proposed amendment, stating that the continuing education hours earned in the twelve months prior to the date of Texas licensure should be accepted, provided that the continuing education otherwise meets the applicable requirements.

As noted in the rule proposal's preamble, the amendment reflects the agency's current practice with regard to continuing education. The comment did not provide a rationale for deviating from the agency's existing practice of excluding continuing education obtained before Texas licensure. The Board also noted that, as stated above, a veterinary licensee who has successfully completed the Texas State Board Licensing Examination receives seventeen continuing education hours for the year in which they were examined and licensed.

The amendment to §573.64 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 §801.307, which authorizes the Board to adopt rules to require license holders to complete continuing education courses.