The Texas Board of Veterinary Medical Examiners (Board) proposes amendments to §573.10, concerning Supervision of Non-Veterinarians, §573.14, concerning Alternate Therapies, §573.15, concerning Use of Ultrasound in Diagnosis, §573.29, concerning Complaint Information, §573.41, Use of Prescription Drugs, §573.44, Compounding Drugs, §573.45, Extra-Label or Off-Label Use of Drugs, §573.51, Rabies Control, §573.52, Veterinarian Patient Record Keeping, §573.53, Equine Dental Provider Patient Record Keeping, §573.65, Proof of Acceptable Continuing Education, and §573.69, Conditions Relative to License Suspension.

In general, the purpose of these amendments to 22 TAC Chapter 573 is to implement changes resulting from the Board's review of the chapter under Texas Government Code §2001.039. The notice of intention to review the chapter was published in the December 4, 2015, issue of the Texas Register (40 TexReg 8814). No comments were received in response to the notice. The notice of the adopted rule review was published in the March 18, 2016, issue of the Texas Register (41 TexReg 2180).

Overall, the proposed amendments make clarifications and technical corrections.

The amendment to §573.10 serves to make all items in the list parallel. The amendments to §§573.14, 573.15, and 573.41 conform the term "veterinarian-client-patient relationship" to its appearance in the Veterinary Licensing Act. The amendment to §573.29 clarifies what is required on a licensee's notice to clients about complaint information. The amendments to §573.44 and §573.45 conform the term "food-producing animals" to its appearance in the Veterinary Licensing Act. The amendment to §573.51 modernizes the language of the rule.

The amendments to §573.52 and §573.53 will reflect the original intent of the rule to require a veterinarian or an equine dental provider to maintain patient records for a minimum of five years from the date of the last treatment. The amendments to §573.65 are technical corrections as is the amendment to §573.69.

Nicole Oria, Executive Director, has determined that for each year of the first five years that the rules are in effect there are no fiscal implications for state government. Ms. Oria does not anticipate any impact on revenue to local government. Ms. Oria has also determined that there will be no increase or reduction in costs to either state or local government as a result of enforcing or administering the rules as proposed. Ms. Oria has further determined that the amendments to the rules will have no impact on local employment.

Ms. Oria has determined that for each year of the first five years the rules are in effect, the anticipated public benefit will be that the rules in Chapter 573 are clearer for licensees, the public, and Board staff.

Ms. Oria has determined that for the first five-year period the proposed rules are in effect, there will be no additional costs to persons or small businesses who are required to comply with the rules. There is no adverse impact expected for small or micro businesses, and no anticipated difference in cost of compliance between small and large businesses.

The Texas Board of Veterinary Medical Examiners invites comments on the proposed amendments to the rules 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 to vet.board@veterinary.texas.gov. Comments will be accepted for 30 days following publication in the Texas Register.

The amendments to 22 TAC §573.65 and §573.69 are proposed under the authority of the Veterinary Licensing Act, Texas Occupations Code, §801.151(a), which states that the Board may adopt rules necessary to administer the chapter; §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; and §801.307 which states that the Board may adopt rules relating to continuing education.