The Texas Board of Veterinary Medical Examiners (Board) proposes amendments to §571.15, concerning Temporary Veterinary Licenses.

Overview

The purpose of the amendment is to ease the burden on applicants for temporary veterinary licenses by removing some of the requirements for receiving a temporary veterinary license, and by reducing the amount of documentation required to be submitted with an application for a temporary veterinary license. Simplifying the application process for a temporary veterinary license would allow more opportunities for out-of-state practitioners to travel to Texas to attend or teach certain practical continuing education courses, or to perform highly specialized procedures.

The amendment would remove the requirement that applicants attain a score of at least 75% on the pertinent national licensing examination. The amendment would remove the requirement that an applicant provide proof of a current active license in good standing in another state, jurisdiction, or foreign country with substantially equivalent licensing requirements. However, applicants would still be required to possess such a license.

The amendment would remove the requirement that an applicant provide proof of having earned a minimum of 17 hours of continuing education within 12 months preceding their application. The amendment would also remove the requirement that an applicant provide the following documents: a letter of good standing from each jurisdiction in which the applicant is or has been licensed; a certified copy of the applicant's veterinary school transcript; a certified copy of the applicant's birth certificate; a certified report verifying that the applicant passed the NAVLE; and official verification of board certification if the applicant is certified by a nationally recognized veterinary specialty board.

Applicants for temporary veterinary licenses would still be required to attest to the accuracy of the information submitted with their applications Submission of false or inaccurate information would be subject to prosecution under Texas Penal Code §37.10, which prohibits knowingly making a false entry in a governmental record, and subject to disciplinary action under Veterinary Licensing Act, Texas Occupations Code, §801.402(2). These amendments were recommended in the Board's Sunset Advisory Commission Staff Report.

Fiscal Note

Rudy Calderon, Interim Executive Director, has determined that for each year of the first five years that the rule is in effect, there are no anticipated increases in costs to the state and local governments as a result of enforcing or administering the rule. Mr. Calderon has determined that there will be a slight reduction in cost to the state government as a result of enforcing or administering the rule, as it would reduce the time and resources used by Board staff to process temporary veterinary license applications. Mr. Calderon has determined that there will be no reduction in cost to local governments as a result of enforcing or administering this rule. Mr. Calderon has determined that there is a potential slight increase in revenue to state government as a result of enforcing or administering the rule. A less burdensome application process may encourage more applicants for temporary licensure, thus increasing the fees received for issuing temporary veterinary licenses.

Public Benefit and Cost Note

Mr. Calderon has determined that for each year of the first five years the rule is in effect, the anticipated public benefit will be to ease the burden on applicants for temporary veterinary licenses, and thus create more opportunities for out-of-state practitioners to travel to Texas to attend or teach certain practical continuing education courses, or to perform highly specialized procedures. There are no anticipated economic costs to persons required to comply with the rule.

Local Employment Impact Statement

Mr. Calderon has determined that the amendments to the rule will have no impact on local employment or a local economy. Thus, the board is not required to prepare a local employment impact statement pursuant to Government Code §2001.022.

Economic Impact Statement and Regulatory Flexibility Analysis

Mr. Calderon has determined that there are no anticipated adverse economic effects on small business or micro-businesses. Thus, the Board is not required to prepare an economic impact statement or a regulatory flexibility analysis pursuant to Government Code §2006.002.

Takings Impact Assessment

Mr. Calderon has determined that there are no private real property interests affected by the proposed amendments. Thus, the board is not required to prepare a takings impact assessment pursuant to Government Code §2007.043.

Request for Public Comments

The Texas Board of Veterinary Medical Examiners invites comments on the proposed amendment to the rule from any member of the public or interested person. 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@tbvme.state.tx.us. Comments will be accepted for 30 days following publication in the Texas Register. Comments must be received within 30 days after publication of this proposal in order to be considered.

Statutory Authority

The amendments 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, and §801.258, which states that the board by rule may provide for the issuance of a temporary license to practice veterinary medicine to an applicant who: (1) is licensed in good standing as a veterinarian in another state or foreign country; (2) meets the eligibility requirements under §801.252(1) and (2); and (3) is not subject to denial of a license or to disciplinary action for a ground listed in §801.402.

No other statutes, articles or codes are affected by the proposal.