SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 801.001 - Short Title
This chapter may be cited as the Veterinary Licensing Act. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
- Texas Section 801.002 - Definitions
In this chapter: (1) "Board" means the State Board of Veterinary Medical Examiners. (1-a) "Certified veterinary assistant" means a person who has been certified as...
- Texas Section 801.003 - Application Of Sunset Act
The State Board of Veterinary Medical Examiners is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that...
SUBCHAPTER B STATE BOARD OF VETERINARY MEDICAL EXAMINERS
- Texas Section 801.004 - Application Of Chapter
This chapter does not apply to: (1) the treatment or care of an animal in any manner by the owner of the animal, an employee...
- Texas Section 801.051 - Board; Membership
(a) The State Board of Veterinary Medical Examiners consists of nine members appointed by the governor with the advice and consent of the senate as...
- Texas Section 801.052 - Membership Eligibility
(a) A person is eligible for appointment as a veterinarian member of the board if the person: (1) has resided and practiced veterinary medicine in...
- Texas Section 801.053 - Membership And Employee Restrictions
(a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to...
- Texas Section 801.054 - Terms; Vacancy
(a) Members of the board are appointed for staggered six-year terms. (b) If a vacancy occurs because of the death or resignation of a board...
- Texas Section 801.055 - Officers
(a) The governor shall designate a member of the board as the presiding officer of the board to serve in that capacity at the pleasure...
- Texas Section 801.056 - Grounds For Removal
(a) It is a ground for removal from the board that a member: (1) does not have at the time of taking office the qualifications...
- Texas Section 801.057 - Training
(a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as...
- Texas Section 801.058 - Per Diem; Reimbursement
A board member is entitled to receive: (1) a per diem, as set by legislative appropriation, for each day that the member engages in board...
SUBCHAPTER C EXECUTIVE DIRECTOR AND PERSONNEL
- Texas Section 801.059 - Oath Of Office
Before assuming the duties of office, each board member shall file with the secretary of state a signed copy of the constitutional oath of office...
- Texas Section 801.101 - Executive Director
The board may employ an executive director. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
- Texas Section 801.102 - Certain Duties Of Executive Director
(a) The executive director is responsible for: (1) safekeeping the money collected under this chapter; and (2) properly disbursing the veterinary fund account established by...
- Texas Section 801.103 - Personnel
The board may employ personnel to administer this chapter. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
- Texas Section 801.104 - Division Of Responsibilities
The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and...
- Texas Section 801.105 - Qualifications And Standards Of Conduct Information
The board shall provide as often as necessary to its members and employees information regarding their: (1) qualifications for office or employment under this chapter;...
- Texas Section 801.106 - Career Ladder Program; Performance Evaluations
(a) The executive director or the executive director's designee shall develop an intra-agency career ladder program. The program must require intra-agency postings of all nonentry...
SUBCHAPTER D BOARD POWERS AND DUTIES
- Texas Section 801.107 - Equal Employment Opportunity Policy; Report
(a) The executive director or the executive director's designee shall prepare and maintain a written policy statement to ensure implementation of an equal employment opportunity...
- Texas Section 801.151 - Rules
(a) The board may adopt rules as necessary to administer this chapter. (b) The board may adopt rules of professional conduct appropriate to establish and...
- Texas Section 801.152 - Exceptions To Rule
(a) The board may consider an exception to a rule adopted by the board on the request of a person subject to board regulation. (b)...
- Texas Section 801.153 - Rules Restricting Advertising Or Competitive Bidding
(a) The board may not adopt a rule restricting advertising or competitive bidding by a person regulated by the board except to prohibit a false,...
- Texas Section 801.154 - Fees
(a) The board by rule shall set fees in amounts that are reasonable and necessary so that the fees, in the aggregate, cover the costs...
- Texas Section 801.155 - Payment Of Administrative Costs
Costs incurred by the board in administrating this chapter, including the compensation and expenses of board members and employees, may be paid only from fees...
- Texas Section 801.156 - Registry
(a) The board shall maintain a record of each license holder's: (1) name; (2) residence address; and (3) business address. (b) A license holder shall...
- Texas Section 801.157 - Peer Assistance Program
(a) The board shall establish or approve a peer assistance program for veterinarians. The peer assistance program must comply with Chapter 467, Health and Safety...
- Texas Section 801.158 - Subpoena
(a) The board may request and, if necessary, compel by subpoena: (1) the attendance of witnesses for examination under oath; and (2) the production for...
- Texas Section 801.159 - Board Duties Regarding Complaints
(a) The board by rule shall: (1) adopt a form to standardize information relating to complaints filed with the board; and (2) prescribe information to...
- Texas Section 801.160 - Annual Report
(a) The board shall file annually with the governor and the presiding officer of each house of the legislature a complete and detailed written report...
- Texas Section 801.161 - Use Of Technology
The board shall implement a policy requiring the board to use appropriate technological solutions to improve the board's ability to perform its functions. The policy...
- Texas Section 801.162 - Alternative Rulemaking And Dispute Resolution Procedures
(a) The board shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the...
SUBCHAPTER E PUBLIC ACCESS AND INFORMATION; COMPLAINT PROCEDURES
- Texas Section 801.163 - Advisory Committees
(a) The board may appoint advisory committees to perform advisory functions as assigned by the board. (b) An advisory committee shall provide independent expertise on...
- Texas Section 801.201 - Public Interest Information
(a) The board shall prepare information of public interest describing the functions of the board and the procedures by which complaints are filed with and...
- Texas Section 801.202 - Public Participation
(a) The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on...
- Texas Section 801.203 - Complaints
(a) The board by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of...
- Texas Section 801.204 - Records Of Complaints
(a) The board shall maintain a system to promptly and efficiently act on complaints filed with the board. The board shall maintain information about parties...
- Texas Section 801.205 - General Rules Regarding Complaint Investigation And Disposition
The board shall adopt rules relating to the investigation of complaints filed with the board. The rules must: (1) distinguish between categories of complaints; (2)...
- Texas Section 801.2051 - Priority Of Complaints
The board shall prioritize complaints to resolve the more serious complaints first. Added by Acts 2005, 79th Leg., Ch. 27 (S.B. 407), Sec. 10, eff....
- Texas Section 801.2055 - Complaints Requiring Medical Expertise
(a) A complaint that requires medical expertise to review must be reviewed by two or more veterinarian board members. The board members shall determine whether...
- Texas Section 801.2056 - Complaints Not Requiring Medical Expertise
(a) The board may delegate to a committee of board staff the authority to dismiss or enter into an agreed settlement of a complaint that...
- Texas Section 801.206 - Disposition Of Complaint
(a) The board shall: (1) dispose of each complaint in a timely manner; and (2) establish a schedule for conducting each phase of the complaint...
SUBCHAPTER F LICENSE REQUIREMENTS
- Texas Section 801.207 - Public Record; Exception
(a) Except as provided by Subsection (b), a board record is a public record and is available for public inspection during normal business hours. (b)...
- Texas Section 801.251 - License Required For Practice Of Veterinary Medicine
Except as provided by Section 801.004, a person may not practice, or offer or attempt to practice, veterinary medicine unless the person holds a license...
- Texas Section 801.252 - Eligibility Requirements For License To Practice Veterinary Medicine
The board shall issue a license to practice veterinary medicine to a person who is qualified to be licensed to practice veterinary medicine under this...
- Texas Section 801.253 - Licensing Examinations For Veterinarians
Sec. 801.253. LICENSING EXAMINATIONS FOR VETERINARIANS. Text of subsection as amended by Acts 2011, 82nd Leg., R.S., Ch. 411 (S.B. 811), Sec. 3 (a) The...
- Texas Section 801.254 - Content And Conduct Of Examination
(a) The board shall conduct, or may contract with a board-approved entity to conduct, the licensing examination on subjects relating to veterinary medicine, including anatomy,...
- Texas Section 801.255 - Examination Results
(a) The board shall notify each examinee of the results of the examination not later than the 30th day after the date the licensing examination...
- Texas Section 801.2555 - Examination Fee Refund
(a) The board shall refund the examination fee paid by an applicant who: (1) provides advance notice of the applicant's inability to take the examination;...
- Texas Section 801.256 - Special License To Practice Veterinary Medicine
(a) The board may issue a special license to practice veterinary medicine to an applicant who is: (1) a member of the faculty or staff...
- Texas Section 801.257 - Provisional License To Practice Veterinary Medicine
(a) The board may grant a provisional license to practice veterinary medicine to an applicant who presents proof that the applicant: (1) is licensed in...
- Texas Section 801.258 - Temporary License To Practice Veterinary Medicine
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...
- Texas Section 801.259 - Licensed Equine Dental Provider Designations
(a) A person may not represent to the public that the person is authorized to perform equine dentistry or use the titles "dentist," "certified equine...
- Texas Section 801.260 - License Required For Equine Dentistry
A person may not perform equine dentistry or offer or attempt to act as an equine dental provider unless the person is: (1) a veterinarian...
- Texas Section 801.261 - Licensed Equine Dental Provider: Application, Qualifications, And Issuance
(a) The board shall issue an equine dental provider license to a person who is qualified under this section. A person is qualified to be...
- Texas Section 801.262 - Scope Of Practice Of Licensed Equine Dental Provider
(a) A licensed equine dental provider may not perform equine dentistry unless the provider is active and in good standing and performs equine dentistry under...
- Texas Section 801.263 - Licensed Equine Dental Provider Responsibility
A licensed equine dental provider shall be held to the same standard of care as a veterinarian when the provider performs the equine dental procedures...
- Texas Section 801.264 - Jurisprudence Examination
(a) The board shall develop and administer a jurisprudence examination for licensed equine dental providers to determine an applicant's knowledge of this chapter, board rules,...
- Texas Section 801.265 - Licensed Veterinary Technician: Application, Qualifications, And Issuance
(a) The board shall issue a veterinary technician license to a person who is qualified under this section. A person is qualified to be licensed...
SUBCHAPTER G LICENSE EXPIRATION AND RENEWAL
- Texas Section 801.266 - Licensed Veterinary Technician License Required; Display Of License
(a) A person may not use the title "Licensed Veterinary Technician" or "LVT" or advertise or offer services in a manner to lead other people...
- Texas Section 801.301 - Annual Renewal Required
(a) The board shall provide for the annual renewal of a license. (b) The board by rule may adopt a system under which licenses expire...
- Texas Section 801.302 - Notice Of License Expiration
Not later than the 30th day before the expiration date of a person's license, the board shall send written notice of the impending license expiration...
- Texas Section 801.303 - Procedure For Renewal
(a) A person who is otherwise eligible to renew a license may renew an unexpired license by paying the required renewal fee to the board...
- Texas Section 801.304 - Fee Exemption
A veterinarian is exempt from the fee requirements imposed under Section 801.303 if the veterinarian: (1) is on active duty with the Armed Forces of...
- Texas Section 801.305 - Renewal Of Expired License By Out-of-state Practitioner
(a) A person who was licensed to practice veterinary medicine in this state, moved to another state, and is currently licensed in good standing and...
- Texas Section 801.306 - Inactive Status
The board by rule may provide for the placement of a license holder on inactive status. The rules adopted under this section must include a...
- Texas Section 801.307 - Continuing Education
(a) The board by rule shall establish a minimum number of hours of continuing education required to renew a license to practice veterinary medicine or...
SUBCHAPTER H PRACTICE BY VETERINARIAN
- Texas Section 801.308 - Continuing Education Audits
(a) The board shall monitor compliance with continuing education requirements by conducting random audits of license holders seeking renewal. The board staff may conduct an...
- Texas Section 801.351 - Existence Of Veterinarian-client-patient Relationship
(a) A person may not practice veterinary medicine unless a veterinarian-client-patient relationship exists. A veterinarian-client-patient relationship exists if the veterinarian: (1) assumes responsibility for medical...
- Texas Section 801.352 - Prohibition Against Interference Or Intervention
(a) The professional services of a veterinarian may not be controlled or exploited by a person who: (1) is not a veterinarian; and (2) intervenes...
- Texas Section 801.353 - Confidentiality; Waiver
(a) A veterinarian may not violate the confidential relationship between the veterinarian and the veterinarian's client. (b) A veterinarian may not be required to release...
- Texas Section 801.354 - Authorized Business Practices
It is not a violation of this chapter for a veterinarian, or a business entity authorized under this chapter to render veterinary services, to: (1)...
- Texas Section 801.3541 - Location Of Veterinary Practice
The premises on which a veterinary practice is located may be owned by a person or other legal entity that does not hold a license...
- Texas Section 801.355 - Leasing Space From Mercantile Establishment
(a) The practice of a veterinarian who leases space from a mercantile establishment and practices veterinary medicine on the premises of the mercantile establishment must...
- Texas Section 801.356 - Exemptions From Requirements Related To Mercantile Establishment
(a) Section 801.355(c) does not apply to the practice of a veterinarian, or the legal successor of the practice, if the practice is operating in...
- Texas Section 801.357 - Responsibility Of Veterinarian Toward Abandoned Animals
(a) A veterinarian may dispose of an animal that is abandoned in the veterinarian's care if the veterinarian: (1) gives the client, by certified mail...
- Texas Section 801.358 - Liability Of Veterinarian For Emergency Treatment; Euthanasia Presumption
(a) A veterinarian who provides emergency treatment to an ill or injured animal on the veterinarian's own initiative, or at the request of a person...
- Texas Section 801.3585 - Liability For Reporting Animal Cruelty; Immunity
A veterinarian who in good faith and in the normal course of business reports to the appropriate governmental entity a suspected incident of animal cruelty...
- Texas Section 801.359 - Controlled Substances Records
(a) The board shall require each veterinarian to maintain a recordkeeping system for controlled substances as required by Chapter 481, Health and Safety Code. (b)...
- Texas Section 801.360 - Death Of Veterinarian
On the death of a veterinarian, the veterinarian's practice ownership and patient records become the property of the veterinarian's heirs to dispose of as necessary...
- Texas Section 801.361 - Disposal Of Animal Remains
(a) In this section, " medical waste" includes animal waste, blood, gloves, sleeves, newspapers, and plastic bags, but does not include sharps. (b) A veterinarian...
- Texas Section 801.362 - Authority To Dispense Drugs Prescribed By Another Veterinarian In Emergency
(a) A veterinarian may dispense a drug, other than a controlled substance, prescribed by another veterinarian, including a veterinarian licensed in another state, if: (1)...
- Texas Section 801.363 - Delegation And Supervision Of Animal Care Tasks
(a) Decisions relating to the diagnosis, treatment, management, and future disposition of an animal patient must be made by a supervising veterinarian. (b) A supervising...
SUBCHAPTER I LICENSE DENIAL AND DISCIPLINARY PROCEDURES
- Texas Section 801.364 - Scope Of Practice Of Licensed Veterinary Technicians, Certified Veterinary Assistants, And Veterinary Assistants
(a) A licensed veterinary technician may: (1) under the direct or immediate supervision of a veterinarian: (A) suture to close existing surgical skin incisions and...
- Texas Section 801.401 - Disciplinary Powers Of Board
(a) If an applicant or license holder is subject to denial of a license or to disciplinary action under Section 801.402, the board may: (1)...
- Texas Section 801.402 - General Grounds For License Denial Or Disciplinary Action
A person is subject to denial of a license or to disciplinary action under Section 801.401 if the person: (1) presents to the board dishonest...
- Texas Section 801.403 - Failure To Report Disease
The board may suspend or revoke a license to practice veterinary medicine, place a veterinarian on probation, or reprimand a veterinarian if the veterinarian knowingly...
- Texas Section 801.404 - Failure To Maintain Records
The board may suspend or revoke a license to practice veterinary medicine issued under this chapter or place on probation a veterinarian if the veterinarian...
- Texas Section 801.405 - Mental Incompetence
(a) The board may suspend or revoke a license if a court finds that the license holder is mentally incompetent. (b) If a court determines...
- Texas Section 801.406 - Required Disciplinary Action For Certain Felony Convictions
(a) On conviction of a license holder of a felony under Section 485.033, Health and Safety Code, or Chapter 481 or 483 of that code,...
- Texas Section 801.407 - Right To Hearing; Schedule Of Sanctions
(a) A person is entitled to a hearing before the State Office of Administrative Hearings if the board: (1) refuses to examine the person; (2)...
- Texas Section 801.408 - Informal Proceedings
(a) The board by rule shall adopt procedures governing: (1) informal disposition of a contested case under Section 2001.056, Government Code; and (2) an informal...
- Texas Section 801.409 - Temporary License Suspension
(a) An executive committee of the board consisting of the president and two other board members appointed by the president may temporarily suspend the license...
SUBCHAPTER J ADMINISTRATIVE PENALTY
- Texas Section 801.410 - Venue For Appeal
An appeal of an action of the board must be filed in a district court in Travis County. Acts 1999, 76th Leg., ch. 388, Sec....
- Texas Section 801.451 - Imposition Of Administrative Penalty
The board may impose an administrative penalty on a person, including a corporation, organization, business trust, estate, trust, partnership, association, or other legal entity, who...
- Texas Section 801.452 - Amount Of Penalty
(a) The amount of an administrative penalty may not exceed $5,000 for each violation per day. (b) The amount of the penalty shall be based...
- Texas Section 801.453 - Committee Recommendations
(a) On a determination by a committee described by Section 801.408(c) or (d) that a violation of this chapter or a rule adopted or order...
- Texas Section 801.454 - Penalty To Be Paid Or Hearing Requested On Committee's Recommendations
(a) Not later than the 20th day after the date a person receives the notice, the person may in writing: (1) accept the committee's determination...
- Texas Section 801.455 - Hearing On Committee's Recommendations
(a) If the person requests a hearing or fails to respond timely to the notice, the executive director shall set a hearing and give notice...
- Texas Section 801.456 - Decision By Board
(a) Based on the findings of fact, conclusions of law, and proposal for a decision under Section 801.455(c), the board by order may determine that:...
- Texas Section 801.457 - Options Following Decision: Pay Or Appeal
(a) Not later than the 30th day after the date the board's order becomes final, the person shall: (1) pay the administrative penalty; (2) pay...
- Texas Section 801.458 - Collection Of Penalty
If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter...
- Texas Section 801.459 - Determination By Court
(a) If a court sustains the determination that a violation occurred, the court may uphold or reduce the amount of the administrative penalty and order...
- Texas Section 801.460 - Remittance Of Penalty And Interest
(a) If, after judicial review, the administrative penalty is reduced or not upheld by the court, the court shall, after the judgment becomes final: (1)...
SUBCHAPTER K OTHER PENALTIES AND ENFORCEMENT PROVISIONS
- Texas Section 801.461 - Administrative Procedure
(a) A proceeding under this subchapter is subject to Chapter 2001, Government Code. (b) This subchapter does not prohibit the board from assessing an administrative...
- Texas Section 801.501 - Monitoring License Holder
The board by rule shall develop a system for monitoring a license holder's compliance with the requirements of this chapter. The rules must include procedures...
- Texas Section 801.502 - Injunctive Relief
(a) The board, through the attorney general or a district or county attorney, may bring an action for an injunction, or a proceeding incident to...
- Texas Section 801.503 - Assessment Of Civil Penalty Against Person Not Licensed
(a) A person not licensed under this chapter, including a corporation, organization, business trust, estate, trust, partnership, association, or other legal entity, who violates this...
- Texas Section 801.504 - General Criminal Penalty
(a) A person, including an entity, commits an offense if the person violates this chapter. (b) An offense under this section is a Class A...
- Texas Section 801.505 - Board Member Or Employee; Fine
A board member or employee shall pay a fine of not less than $1,000 or more than $5,000 if the member or employee: (1) issues...
- Texas Section 801.506 - Prohibited Practices Relating To Certain Entities
(a) A sole proprietorship, partnership, or corporation may not engage in veterinary medicine unless the owner, each partner, or each shareholder, as appropriate, holds a...
- Texas Section 801.507 - Nonapplicability Of Deceptive Trade Practices-consumer Protection Act
Subchapter E, Chapter 17, Business & Commerce Code, does not apply to a claim against a veterinarian for damages alleged to have resulted from veterinary...
- Texas Section 801.508 - Cease And Desist Order
(a) If it appears to the board that a person is engaging in an act or practice that constitutes the practice of veterinary medicine without...
SUBCHAPTER L EQUINE DENTAL PROVIDER ADVISORY COMMITTEE
- Texas Section 801.509 - Enforcement Policy
The board shall adopt a formal policy to focus enforcement efforts toward investigating complaints. Added by Acts 2005, 79th Leg., Ch. 27 (S.B. 407), Sec....
- Texas Section 801.551 - Equine Dental Provider Advisory Committee
(a) The equine dental provider advisory committee is an informal advisory committee to the board and is not subject to Chapter 2110, Government Code. (b)...
- Texas Section 801.552 - Appointment Of Advisory Committee
(a) The equine dental provider advisory committee is composed of three members appointed by the presiding officer of the board as follows: (1) two members...
- Texas Section 801.553 - Terms; Vacancy
(a) Members of the equine dental provider advisory committee are appointed for staggered six-year terms. The terms of the members expire on February 1 of...
- Texas Section 801.554 - Grounds For Removal
(a) It is a ground for removal from the equine dental provider advisory committee that a member: (1) does not have at the time of...
- Texas Section 801.555 - Officers
The presiding officer of the board shall designate biennially an equine dental provider advisory committee member as the presiding officer of the advisory committee to...
- Texas Section 801.556 - Reimbursement; Compensation
An equine dental provider advisory committee member is not entitled to reimbursement for travel expenses or compensation. Added by Acts 2011, 82nd Leg., R.S., Ch....
- Texas Section 801.557 - Meetings
(a) The equine dental provider advisory committee shall meet at the call of the presiding officer of the board. (b) A meeting may be held...