The Texas Board of Veterinary Medical Examiners (Board) adopts new §575.25, concerning Schedule of Sanctions. The new rule is adopted with changes to the proposed text as published in the August 16, 2019, issue of the Texas Register (44 TexReg 4290) and will be republished.

Reasoned Justification and Factual Basis

The purpose of the new rule is to provide greater uniformity and fairness in the Board's disciplinary process. This schedule of sanctions should provide clarity to both the licensees and the public about the recourse available to the Board in pursuing a complaint.

Summary of Comments and Agency Response

The Board received public comment regarding the application of the schedule of sanctions, the confidentiality provision and the standard of care provision.

In response to the concerns expressed over the applicability of the proposed rule, the proposed schedule of sanctions should be utilized by any finder of fact, which includes any Board disciplinary processes or proceedings before the State Office of Administrative Hearings. In addition, there were questions about utilizing all listed disciplinary actions in each grid on the schedule of sanctions chart. It is not the Board's intention to utilize each listed disciplinary action but allow the Board the flexibility to choose which sanctions are most appropriate in any given scenario.

The Board received comments on the provision in the confidentiality section that creates a Class C offense should a veterinarian reveal confidential information when rebutting a social media post. Commenters wanted a harsher penalty, but the Board felt that there was sufficient flexibility in the aggravating factors that a harsher punishment would be inconsistent with the rest of the proposed schedule of sanctions.

Finally, the Board received comments on the standard of care provisions in the proposed schedule of sanctions. A proposal for considering the emotional suffering by an animal's owner as an aggravating factor was ultimately rejected. The Board felt that the quality of veterinary care should not be contingent on the quality of the relationship between pet and owner.

Statutory Authority

The new rule is adopted under the authority of §801.151(a), Occupations Code, which states that the Board may adopt rules necessary to administer the chapter, and the authority of 801.411, Occupations Code, which states that the Board shall adopt a schedule of penalties, disciplinary actions and other sanctions that the board may impose under this chapter.

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