CHAPTER 801. VETERINARIANS

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OCCUPATIONS CODE

TITLE 4. PROFESSIONS RELATED TO ANIMAL HEALTH

CHAPTER 801. VETERINARIANS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 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.

Sec. 801.002. DEFINITIONS. In this chapter:

(1) "Board" means the State Board of Veterinary Medical

Examiners.

(2) "Compensation" includes a fee, monetary reward, discount, or

emolument, whether received directly or indirectly.

(3) "Direct supervision" means supervision of a person by a

responsible veterinarian who is physically present on the

premises.

(4) "General supervision" means supervision of a person by a

responsible veterinarian who is readily available to communicate

with the person.

(5) "Practice of veterinary medicine" means:

(A) the diagnosis, treatment, correction, change, manipulation,

relief, or prevention of animal disease, deformity, defect,

injury, or other physical condition, including the prescription

or administration of a drug, biologic, anesthetic, apparatus, or

other therapeutic or diagnostic substance or technique;

(B) the representation of an ability and willingness to perform

an act listed in Paragraph (A);

that a person is legally authorized and qualified to perform an

act listed in Paragraph (A); or

(D) the receipt of compensation for performing an act listed in

Paragraph (A).

(6) "Veterinarian" means a person licensed by the board under

this chapter to practice veterinary medicine.

(7) "Veterinary medicine" includes veterinary surgery,

reproduction and obstetrics, dentistry, ophthalmology,

dermatology, cardiology, and any other discipline or specialty of

veterinary medicine.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 chapter, the board is abolished and

this chapter expires September 1, 2017.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

27, Sec. 1, eff. September 1, 2005.

Sec. 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 of the owner, or a designated

caretaker of the animal, unless the ownership, employment, or

designation is established with the intent to violate this

chapter;

(2) a person who performs an act prescribed by the board as an

accepted livestock management practice, including:

(A) castrating a male animal raised for human consumption;

(B) docking or earmarking an animal raised for human

consumption;

(D) aiding in the nonsurgical birth process of a large animal,

as defined by board rule;

(E) treating an animal for disease prevention with a

nonprescription medicine or vaccine;

(F) branding or identifying an animal in any manner;

(G) artificially inseminating an animal, including training,

inseminating, and compensating for services related to artificial

insemination; and

(H) shoeing a horse;

(3) the performance of a cosmetic or production technique to

reduce injury in poultry intended for human consumption;

(4) the performance of a duty by a veterinarian's employee if:

(A) the duty involves food production animals;

(B) the duty does not involve diagnosis, prescription, or

surgery;

of the veterinarian; and

(D) the veterinarian is responsible for the employee's

performance;

(5) the performance of an act by a person who is a full-time

student of an accredited college of veterinary medicine or is a

foreign graduate of a board-approved equivalent competency

program for foreign veterinary graduates and who is participating

in a board-approved extern or preceptor program if the act is

performed under the direct supervision of a veterinarian

employing the person;

(6) an animal shelter employee who performs euthanasia in the

course and scope of the person's employment if the person has

successfully completed training in accordance with Chapter 829,

Health and Safety Code;

(7) a person who is engaged in a recognized state-federal

cooperative disease eradication or control program or an external

parasite control program while the person is performing official

duties required by the program;

(8) a person who, without expectation of compensation, provides

emergency care in an emergency or disaster; or

(9) a consultation given to a veterinarian in this state by a

person who:

(A) resides in another state; and

(B) is lawfully qualified to practice veterinary medicine under

the laws of that state.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1331, Sec. 4, eff. September 1, 2007.

SUBCHAPTER B. STATE BOARD OF VETERINARY MEDICAL EXAMINERS

Sec. 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

follows:

(1) six veterinarian members; and

(2) three members who represent the public.

(b) The board may include not more than one veterinarian member

who is a faculty member of a college of veterinary medicine.

the race, color, disability, sex, religion, age, or national

origin of the appointee.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 this state

for the six years preceding the date of appointment;

(2) is of good repute; and

(3) is not the holder of a special license issued under Section

801.256.

(b) A person is not eligible for appointment as a public member

of the board if the person:

(1) is licensed by an occupational regulatory agency in the

field of health care;

(2) is employed by or participates in the management of a

business entity or other organization that:

(A) provides health care services;

(B) sells, manufactures, or distributes health care supplies or

equipment; or

(3) owns or controls, directly or indirectly, more than a 10

percent interest in a business entity or other organization that:

(A) provides health care services;

(B) sells, manufactures, or distributes health care supplies or

equipment; or

(4) uses or receives a substantial amount of tangible goods,

services, or funds from the board, other than compensation or

reimbursement authorized by law for board membership, attendance,

or expenses.

of the board if the person's spouse:

(1) is licensed by an occupational regulatory agency in the

field of veterinary medicine;

(2) is employed by or participates in the management of a

business entity or other organization that:

(A) provides veterinary health care services;

(B) sells, manufactures, or distributes veterinary health care

supplies or equipment; or

(3) owns or controls, directly or indirectly, more than a 10

percent interest in a business entity or other organization that:

(A) provides veterinary health care services;

(B) sells, manufactures, or distributes veterinary health care

supplies or equipment; or

(4) uses or receives a substantial amount of tangible goods,

services, or funds from the board, other than compensation or

reimbursement authorized by law for board membership, attendance,

or expenses.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

27, Sec. 2, eff. September 1, 2005.

Sec. 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 assist its

members and its industry or profession in dealing with mutual

business or professional problems and in promoting their common

interest.

(b) A person may not be a member of the board and may not be an

employee of the board employed in a "bona fide executive,

administrative, or professional capacity," as that phrase is used

for purposes of establishing an exemption to the overtime

provisions of the federal Fair Labor Standards Act of 1938 (29

U.S.C. Section 201 et seq.), if:

(1) the person is an officer, employee, or paid consultant of a

Texas trade association in the field of health care; or

(2) the person's spouse is an officer, manager, or paid

consultant of a Texas trade association in the field of

veterinary medicine.

general counsel to the board if the person is required to

because of the person's activities for compensation on behalf of

a profession related to the operation of the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

27, Sec. 3, eff. September 1, 2005.

Sec. 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 member, the governor shall appoint a replacement to fill

the unexpired term.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 of the governor.

(b) At the first meeting of the board each year, the board shall

elect from its members any other officer the board considers

necessary or convenient.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

27, Sec. 4, eff. September 1, 2005.

Sec. 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 required by Section 801.052;

(2) does not maintain during service on the board the

qualifications required by Section 801.052;

(3) is ineligible for membership under Section 801.052 or

801.053;

(4) cannot, because of illness or disability, discharge the

member's duties for a substantial part of the member's term; or

(5) is absent from more than half of the regularly scheduled

board meetings that the member is eligible to attend during a

calendar year without an excuse approved by a majority vote of

the board.

(b) The validity of an action of the board is not affected by

the fact that it is taken when a ground for removal of a board

member exists.

ground for removal exists, the executive director shall notify

the presiding officer of the board of the potential ground. The

presiding officer shall then notify the governor and the attorney

general that a potential ground for removal exists. If the

potential ground for removal involves the presiding officer, the

executive director shall notify the next highest ranking officer

of the board, who shall then notify the governor and the attorney

general that a potential ground for removal exists.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

27, Sec. 5, eff. September 1, 2005.

Sec. 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 a member in attendance at a meeting

of the board until the person completes a training program that

complies with this section.

(b) The training program must provide the person with

information regarding:

(1) the legislation that created the board and the board's

programs, functions, rules, and budget;

(2) the results of the most recent formal audit of the board;

(3) the requirements of laws relating to open meetings, public

information, administrative procedure, and conflicts of interest;

and

(4) any applicable ethics policies adopted by the board or the

Texas Ethics Commission.

reimbursement, as provided by the General Appropriations Act, for

the travel expenses incurred in attending the training program

regardless of whether the attendance at the program occurs before

or after the person qualifies for office.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

27, Sec. 6, eff. September 1, 2005.

Sec. 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 business; and

(2) reimbursement for travel expenses, as prescribed by the

General Appropriations Act, including expenses for meals and

lodging.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 taken by the

member.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER C. EXECUTIVE DIRECTOR AND PERSONNEL

Sec. 801.101. EXECUTIVE DIRECTOR. The board may employ an

executive director.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 this chapter.

(b) Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(39).

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 285, Sec. 25, 31(39), eff.

Sept. 1, 2003.

Sec. 801.103. PERSONNEL. The board may employ personnel to

administer this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 the staff of the

board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

27, Sec. 7, eff. September 1, 2005.

Sec. 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;

and

(2) responsibilities under applicable laws relating to standards

of conduct for state officers or employees.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 level

positions concurrently with any public posting.

(b) The executive director or the executive director's designee

shall develop a system of annual performance evaluations based on

measurable job tasks. All merit pay authorized by the executive

director must be based on the system established under this

subsection.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 program under

which all personnel transactions are made without regard to race,

color, disability, sex, religion, age, or national origin. The

policy statement must include:

(1) personnel policies, including policies relating to

recruitment, evaluation, selection, application, training, and

promotion of personnel, that are in compliance with Chapter 21,

Labor Code;

(2) a comprehensive analysis of the board workforce that meets

federal and state guidelines;

(3) procedures by which a determination can be made of the

significant underuse in the board workforce of all persons for

whom federal or state guidelines encourage a more equitable

balance; and

(4) reasonable methods to appropriately address those areas of

significant underuse.

(b) A policy statement prepared under Subsection (a) must be:

(1) prepared to cover an annual period;

(2) updated annually;

(3) reviewed by the Commission on Human Rights for compliance

with Subsection (a)(1); and

(4) filed with the governor.

legislature based on the information received under Subsection

(b). The report may be made separately or as part of other

biennial reports to the legislature.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER D. BOARD POWERS AND DUTIES

Sec. 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 maintain a high standard of

integrity, skills, and practice in the veterinary medicine

profession.

(1) protect the public; and

(2) ensure that alternate therapies, including ultrasound

diagnosis and therapy, magnetic field therapy, holistic medicine,

homeopathy, chiropractic treatment, acupuncture, and laser

therapy, are performed only by a veterinarian or under the

supervision of a veterinarian.

(d) The board may adopt rules regarding the work of a person

who:

(1) works under the supervision of a veterinarian; and

(2) fulfills the requirements established by a board-approved

organization for registered veterinary technicians.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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) After notice and hearing, the board may approve an exception

to a board rule.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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, misleading, or deceptive

practice by that person.

(b) In its rules to prohibit a false, misleading, or deceptive

practice, the board may not include a rule that:

(1) restricts the person's use of any advertising medium;

(2) restricts the person's personal appearance or the use of the

person's voice in an advertisement;

(3) relates to the size or duration of an advertisement by the

person; or

(4) restricts the person's advertisement under a trade name.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 of administering this chapter. The

board may not set a fee that existed on September 1, 1993, in an

amount that is less than the fee on that date.

(b) The license renewal fee set by the board under this chapter

is the amount set by the board under Subsection (a) and an

additional fee of $200.

shall be deposited in the foundation school fund and $150 shall

be deposited in the general revenue fund.

(d) The additional fee under Subsection (b) does not apply to a

license holder who is:

(1) exempt from paying the renewal fee under Section 801.304; or

(2) placed on inactive status as provided by Section 801.306.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 collected under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 801.156. REGISTRY. (a) The board shall maintain a record

of each veterinarian's:

(1) name;

(2) residence address; and

(3) business address.

(b) A veterinarian shall notify the board of a change of

business address or employer not later than the 60th day after

the date the change takes effect.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 801.157. PEER ASSISTANCE PROGRAM. The board shall

establish or approve a peer assistance program for veterinarians.

The peer assistance program must comply with Chapter 467, Health

and Safety Code.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 inspection or copying of books, accounts,

records, papers, correspondence, documents, and other evidence

relevant to an investigation of an alleged violation of this

chapter.

(b) The board, acting through the attorney general, may bring an

action to enforce a subpoena issued under Subsection (a) against

a person, including a corporation, organization, business trust,

estate, trust, partnership, association, or other legal entity,

who fails to comply with the subpoena.

district court in:

(1) Travis County; or

(2) any county in which the board may hold a hearing.

(d) The court shall order compliance with the subpoena if the

court finds that good cause exists to issue the subpoena.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.421(a), eff.

Sept. 1, 2001.

Sec. 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 be provided to a person when the

person files a complaint with the board.

(b) The board shall provide reasonable assistance to a person

who wishes to file a complaint with the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 accounting for

all funds received and disbursed by the board during the

preceding fiscal year.

(b) The report must be in the form and reported in the time

provided by the General Appropriations Act.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 must ensure that the public is able to

interact with the board on the Internet.

Added by Acts 2005, 79th Leg., Ch.

27, Sec. 8, eff. September 1, 2005.

Sec. 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 adoption of board rules; and

(2) appropriate alternative dispute resolution procedures under

Chapter 2009, Government Code, to assist in the resolution of

internal and external disputes under the board's jurisdiction.

(b) The board's procedures relating to alternative dispute

resolution must conform, to the extent possible, to any model

guidelines issued by the State Office of Administrative Hearings

for the use of alternative dispute resolution by state agencies.

(1) coordinate the implementation of the policy adopted under

Subsection (a);

(2) serve as a resource for any training needed to implement the

procedures for negotiated rulemaking or alternative dispute

resolution; and

(3) collect data concerning the effectiveness of those

procedures, as implemented by the board.

Added by Acts 2005, 79th Leg., Ch.

27, Sec. 8, eff. September 1, 2005.

SUBCHAPTER E. PUBLIC ACCESS AND INFORMATION; COMPLAINT PROCEDURES

Sec. 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 resolved by the board.

(b) The board shall make the information available to the public

and appropriate state agencies.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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

any issue under the board's jurisdiction.

(b) The board shall prepare and maintain a written plan that

describes how a person who does not speak English may be provided

reasonable access to the board's programs.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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

the board for the purpose of directing complaints to the board.

(b) The board shall list with its regular telephone number any

toll-free telephone number established under other state law for

presenting a complaint about a veterinarian.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 to the complaint, the subject matter of the complaint, a

summary of the results of the review or investigation of the

complaint, and its disposition.

(b) The board shall make information available describing its

procedures for complaint investigation and resolution.

the status of the complaint until final disposition.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

27, Sec. 9, eff. September 1, 2005.

Sec. 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) ensure that complaints are not dismissed without appropriate

consideration;

(3) require that the board be advised of a complaint that is

dismissed and that a written explanation be given to the person

who filed the complaint explaining the action taken on the

dismissed complaint;

(4) ensure that the person who filed the complaint has the

opportunity to explain the allegations made in the complaint; and

(5) prescribe guidelines concerning the categories of complaints

that require the use of a private investigator and the procedures

for the board to obtain the services of a private investigator.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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, Sec. 10, eff. September 1, 2005.

Sec. 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 to dismiss the complaint or refer

it to an informal proceeding under Section 801.408.

(b) If the veterinarian members do not agree to dismiss or refer

the complaint to an informal proceeding, the complaint is

referred to an informal proceeding under Section 801.408.

Added by Acts 2005, 79th Leg., Ch.

27, Sec. 10, eff. September 1, 2005.

Sec. 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 does not require medical expertise. The

disposition determined by the committee must be approved by the

board at a public meeting.

(b) A complaint delegated under this section shall be referred

for informal proceedings under Section 801.408 if:

(1) the committee determines that the complaint should not be

dismissed or settled;

(2) the committee is unable to reach an agreed settlement; or

(3) the veterinarian who is the subject of the complaint

requests that the complaint be referred for informal proceedings.

Added by Acts 2005, 79th Leg., Ch.

27, Sec. 10, eff. September 1, 2005.

Sec. 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 process that is under the control of the board not

later than the 30th day after the date the board receives the

complaint.

(b) Each party to the complaint shall be notified of the

projected time requirements for the complaint. Each party shall

be notified of a change in the schedule not later than the

seventh day after the date the change is made.

that is not resolved within the time prescribed by the board for

resolving the complaint so that the board may take necessary

action on the complaint.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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) An investigation record of the board, including a record

relating to a complaint that is found to be groundless, is

confidential.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER F. LICENSE REQUIREMENTS

Sec. 801.251. LICENSE REQUIRED. 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

issued under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 801.252. ELIGIBILITY REQUIREMENTS. The board shall issue a

license to a person who is qualified to be licensed under this

chapter. A person is qualified to be licensed if:

(1) the person has attained the age of majority;

(2) the person is a graduate of a board-approved school or

college of veterinary medicine;

(3) the person successfully completes the licensing examination

conducted by the board; and

(4) the board does not refuse to issue a license to the person

under Section 801.401.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 801.253. LICENSING EXAMINATIONS. (a) The board shall hold

a regular meeting at least twice each year to conduct licensing

examinations as provided by board rule. The board shall conduct

the examination at a time and place the board determines is

convenient for applicants.

(b) The board shall provide notice of a licensing examination by

publication in a newspaper or periodical.

the examination.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 801.254. CONTENT AND CONDUCT OF EXAMINATION. (a) The

board shall conduct the licensing examination on subjects

relating to veterinary medicine, including anatomy, pathology,

chemistry, obstetrics, public health, veterinary practice,

veterinary jurisprudence, physiology and bacteriology, and other

subjects regularly taught in reputable schools of veterinary

medicine.

(b) The board may conduct a licensing examination in writing, by

a practical demonstration of the applicant's skill, or by a

combination of those methods. The board shall arrange for the

written portion of the examination, if any, to be validated by an

independent testing professional.

demonstrate the standard of proficiency the board determines is

essential for a qualified veterinarian.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

27, Sec. 11, eff. September 1, 2005.

Sec. 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 is

administered. If an examination is graded or reviewed by a

national testing service, the board shall notify the examinee of

the results of the examination not later than the 14th day after

the date the board receives the results from the testing service.

(b) If the notice of the examination results graded or reviewed

by a national testing service will be delayed longer than 90 days

after the examination date, the board shall notify the examinee

of the reason for the delay before the 90th day.

examination, the board shall provide to the person an analysis of

the person's performance on the examination.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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; or

(2) is unable to take the examination because of an emergency.

(b) The board shall adopt rules that establish the required

notification period and the emergency situations that warrant a

refund.

Added by Acts 2005, 79th Leg., Ch.

27, Sec. 12, eff. September 1, 2005.

Sec. 801.256. SPECIAL LICENSE. (a) The board may issue a

special license to an applicant who is:

(1) a member of the faculty or staff of a board-approved

veterinary program at an institution of higher education;

(2) a veterinarian employee of the Texas Animal Health

Commission;

(3) a veterinarian employee of the Texas Veterinary Medical

Diagnostic Laboratory; or

(4) a person licensed to practice veterinary medicine in another

jurisdiction, if the board determines that the person's specialty

practice is unrepresented or underrepresented in this state.

(b) An applicant is eligible for a special license if:

(1) the applicant:

(A) is at least 21 years of age and a graduate of a

board-approved veterinary medicine program at an institution of

higher education; or

(B) provides to the board a written affirmation by a person

described under Subsection (f) that the applicant meets a

critical need for staffing at the person's institution and is

certified by a nationally recognized veterinary speciality board

or is eligible for that certification; and

(2) the applicant passes the jurisprudence section of the

licensing examination.

special license.

(d) A special license is valid only for the performance of

duties within the scope of the special license holder's

employment or practice.

(e) The board may suspend or revoke a special license if:

(1) the special license holder's employment is terminated; or

(2) the special license holder practices outside of the scope of

the license.

(f) The following people may provide a statement under

Subsection (b)(1)(B):

(1) the dean of a board-approved veterinary medicine program at

an institution of higher education in this state;

(2) the executive director of the Texas Animal Health

Commission; or

(3) the executive director of the Texas Veterinary Medical

Diagnostic Laboratory.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1114, Sec. 1, eff. June 15,

2001.

Sec. 801.257. PROVISIONAL LICENSE. (a) The board may grant a

provisional license to an applicant who presents proof that the

applicant:

(1) is licensed in good standing as a veterinarian in another

state that:

(A) has licensing requirements substantially equivalent to the

requirements of this chapter; and

(B) maintains professional standards the board considers

equivalent to the professional standards of this chapter; and

(2) has passed a national or other examination recognized by the

board relating to veterinary medicine.

(b) Repealed by Acts 2005, 79th Leg., Ch. 27, Sec. 27(1), eff.

September 1, 2005.

approves or denies the provisional license holder's application

for a license. The board shall issue a license under this chapter

to a provisional license holder if:

(1) the provisional license holder passes the licensing

examination under Section 801.253;

(2) the board verifies that the provisional license holder has

the academic and experience requirements to qualify for a

license; and

(3) the provisional license holder satisfies any other license

requirement under this chapter.

(d) The board shall complete the processing of a provisional

license holder's application for a license not later than the

180th day after the date the provisional license is issued.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

27, Sec. 13, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

27, Sec. 27(1), eff. September 1, 2005.

Sec. 801.258. TEMPORARY LICENSE. The board by rule may provide

for the issuance of a temporary license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER G. LICENSE EXPIRATION AND RENEWAL

Sec. 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 on various dates during the year.

license fees payable on March 1 shall be prorated on a monthly

basis so that each license holder pays only that portion of the

fee that is allocable to the number of months during which the

license is valid. On renewal of the license on the new expiration

date, the total license renewal fee is payable.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 to the person at the person's last known address

according to the board's records.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 before

the expiration date of the license. A person whose license has

expired may not engage in activities that require a license until

the license has been renewed.

(b) A person whose license has been expired for 90 days or less

may renew the license by paying to the board a renewal fee that

is equal to the sum of 1-1/2 times the renewal fee set by the

board under Section 801.154(a) and the additional fee required by

Section 801.154(b).

days but less than one year may renew the license by paying to

the board a renewal fee that is equal to the sum of two times the

renewal fee set by the board under Section 801.154(a) and the

additional fee required by Section 801.154(b).

(d) A person whose license has been expired for one year or more

may not renew the license. The person may obtain a new license

by complying with the requirements and procedures, including the

examination requirements, for obtaining an original license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

27, Sec. 14, eff. September 1, 2005.

Sec. 801.304. FEE EXEMPTION. A license holder is exempt from

the fee requirements imposed under Section 801.303 if the license

holder:

(1) is on active duty with the Armed Forces of the United States

and does not engage in private or civilian practice; or

(2) is permanently and totally retired.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 801.305. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE

PRACTITIONER. (a) A person who was licensed in this state,

moved to another state, and is currently licensed in good

standing and has been in practice in the other state for the two

years preceding the date of application may obtain a new license

without reexamination.

(b) The person must pay to the board a fee that is equal to the

amount of the renewal fee set by the board under Section

801.154(a) and the additional fee required by Section 801.154(b).

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

27, Sec. 15, eff. September 1, 2005.

Sec. 801.306. INACTIVE STATUS. The board by rule may provide

for the placement of a veterinarian on inactive status. The rules

adopted under this section must include a limit on the time a

veterinarian may remain on inactive status.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 801.307. CONTINUING EDUCATION. (a) The board by rule

shall establish a minimum number of hours of continuing education

required to renew a license.

(b) The board may:

(1) establish general categories of continuing education that

meet the needs of veterinarians; and

(2) require a veterinarian to successfully complete continuing

education courses.

the required number of hours of continuing education in a year to

make up the missed hours in later years. Hours required to be

made up in a later year are in addition to the hours normally

required to be completed in that year.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

27, Sec. 16, eff. September 1, 2005.

Sec. 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 audit at any time. The board may

perform additional compliance monitoring by other means.

(b) A license holder who is audited shall provide proof of

course completion to the board, including certificates of

completion.

license holder on one presigned form does not establish

compliance.

Added by Acts 2005, 79th Leg., Ch.

27, Sec. 17, eff. September 1, 2005.

SUBCHAPTER H. PRACTICE BY VETERINARIAN

Sec. 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 judgments regarding the

health of an animal and a client, who is the owner or other

caretaker of the animal, agrees to follow the veterinarian's

instructions;

(2) possesses sufficient knowledge of the animal to initiate at

least a general or preliminary diagnosis of the animal's medical

condition; and

(3) is readily available to provide, or has provided, follow-up

medical care in the event of an adverse reaction to, or a failure

of, the regimen of therapy provided by the veterinarian.

(b) A veterinarian possesses sufficient knowledge of the animal

for purposes of Subsection (a)(2) if the veterinarian has

recently seen, or is personally acquainted with, the keeping and

care of the animal by:

(1) examining the animal; or

(2) making medically appropriate and timely visits to the

premises on which the animal is kept.

established solely by telephone or electronic means.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

971, Sec. 1, eff. September 1, 2005.

Sec. 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 between the veterinarian and the veterinarian's

client.

(b) A veterinarian may not:

(1) allow a person who does not hold a license issued under this

chapter to interfere with or intervene in the veterinarian's

practice of veterinary medicine; or

(2) submit to interference or intervention by a person who does

not hold a license issued under this chapter.

interference with or intervention in the veterinarian's practice

of veterinary medicine by a person who does not hold a license

issued under this chapter.

(d) A veterinarian is responsible for the veterinarian's

actions. The veterinarian is directly responsible to the client

and for the care and treatment of the patient.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 information

concerning the veterinarian's care of an animal, except on the

veterinarian's receipt of:

(1) a written authorization or other form of waiver executed by

the client; or

(2) an appropriate court order or subpoena.

Subsection (b) is not liable to any person, including the client,

for an action resulting from the disclosure.

(d) The privilege provided by this section is waived by the

client or the owner of an animal treated by the veterinarian to

the extent the client or owner places at issue in a civil or

criminal proceeding:

(1) the nature and extent of the animal's injuries; or

(2) the care and treatment of the animal provided by the

veterinarian.

(e) This section does not apply to an inspection or

investigation conducted by the board or an agent of the board.

(f) A veterinarian does not violate this section by providing

the name or address of a client to a health authority,

veterinarian, or physician who requests the identity of the

client to obtain information for:

(1) the verification of a rabies vaccination; or

(2) other treatment involving a life-threatening situation.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

971, Sec. 2, eff. September 1, 2005.

Sec. 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) lease space for the purpose of providing veterinary

services;

(2) pay for franchise fees or other services on a

percentage-of-receipts basis; or

(3) sell, transfer, or assign accounts receivable.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 issued under

this chapter.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.421(d), eff.

Sept. 1, 2001.

Sec. 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 be owned by a veterinarian.

The practice and the leased space must be under the exclusive

control of a veterinarian.

(b) The leased space must be definite and apart from the space

occupied by other occupants of the premises. The leased space

must be separated from the space used by other occupants by solid

and opaque partitions or walls that extend from the floor to the

ceiling. The requirement of this subsection is not satisfied by

the use of railings, curtains, or other similar arrangements.

(1) opens to a public street, hall, lobby, corridor, or other

public thoroughfare other than the aisle of a mercantile

establishment; and

(2) is actually used as an entrance by the veterinarian's

patients.

(d) The leased space may have an additional patient's entrance,

that may be nonopaque, that opens from the inside of the

mercantile establishment directly into the leased space.

(e) The practice of the veterinarian may not be conducted in any

part as a department or concession of the mercantile

establishment. A legend or sign that states "Veterinary

Department," or that contains other words implying that the

practice is not an independent veterinary practice, may not be

displayed on the premises or in an advertisement for the

premises. The use of the veterinarian's name must clearly

indicate that the practice is independent and not under the

ownership or control of the mercantile establishment.

(f) The patient and business records of the practice of the

veterinarian are the sole property of the veterinarian. The

mercantile establishment or a person who is not a veterinarian

may not control the records, except that:

(1) business records that are essential to the initiation or

continuation of a percentage of gross receipts lease of space may

be inspected by the lessor; and

(2) a veterinarian may enter into a management agreement that

permits an employee or agent of the management company to access

or copy patient records as necessary to perform management

functions.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 space that was opened,

designed, or engineered in accordance with plans for a specific

facility submitted to the board before December 31, 2009.

(b) Section 801.355 does not prohibit the delivery of temporary

limited-service veterinary activities, including preventive

veterinary services such as vaccinations and testing, at a

mercantile establishment that is not owned or under the exclusive

control of a veterinarian if the services are periodic and

delivered by a veterinarian. The board by rule may establish the

conditions under which a veterinarian may provide the services

described by this subsection.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

41, Sec. 1, eff. May 19, 2009.

Sec. 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 to the client's last

known address, notice of the veterinarian's intention to dispose

of the animal; and

(2) allows the client to retrieve the animal during the 10 days

after the date the veterinarian mails the notice.

(b) A veterinarian may not dispose of an animal under Subsection

(a) if:

(1) a contract between the veterinarian and client provides

otherwise; or

(2) after notice is given under Subsection (a), the veterinarian

and client agree to extend the veterinarian's care of the animal.

or personal communication does not extend the veterinarian's

obligation to treat, board, or care for an animal unless the

veterinarian and client agree to extend the veterinarian's care

of the animal.

(d) An animal is considered abandoned on the 11th day after the

date the veterinarian mails the notice under Subsection (a)

unless an agreement is made to extend the care for the animal.

(e) Notice given by a veterinarian under Subsection (a) does not

relieve a client of liability to pay for treatment, boarding, or

care provided by the veterinarian.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

971, Sec. 3, eff. September 1, 2005.

Sec. 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

other than the animal's owner, is not liable to the owner for

damages to the animal unless the veterinarian commits gross

negligence.

(b) If the veterinarian performs euthanasia on the animal, the

veterinarian is presumed to have performed a humane act necessary

to relieve the animal's pain and suffering.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 under Section 42.09 or

42.092, Penal Code, is immune from liability in a civil or

criminal action brought against the veterinarian for reporting

the incident.

Added by Acts 2005, 79th Leg., Ch.

971, Sec. 4, eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

886, Sec. 5, eff. September 1, 2007.

Sec. 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) The records are subject to review by a law enforcement

agency or board representative.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 not later than the second anniversary of

the date of the veterinarian's death.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 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 may dispose of the remains of an animal and

medical waste associated with the animal by burial or burning if:

(1) the burial or burning occurs on property owned by the

veterinarian that is located:

(A) outside the corporate boundaries of a municipality; or

(B) within the corporate boundaries of a municipality as a

result of an annexation that occurs on or after September 1,

2003; and

(2) at least one of the following requirements is met:

(A) a veterinarian-client-patient relationship existed between

the veterinarian, the owner or other caretaker of the animal, and

the animal before the animal's death;

(B) the veterinarian diagnosed, treated, boarded, or otherwise

cared for the animal before its death; or

animal.

Environmental Quality may not adopt a rule that prohibits conduct

authorized by this section.

(d) The Texas Commission on Environmental Quality may not adopt

a rule that relates to the disposal of animal remains under this

section unless the rule is developed in cooperation with and is

approved by the Texas Animal Health Commission.

(e) This section prevails over any other law that authorizes a

governmental entity to:

(1) prohibit or restrict outdoor burning; or

(2) abate a public nuisance.

Added by Acts 2001, 77th Leg., ch. 965, Sec. 17.01, eff. Sept. 1,

2001. Amended by Acts 2003, 78th Leg., ch. 806, Sec. 1, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1333, Sec. 3, eff. Sept.

1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

728, Sec. 23.001(74), eff. September 1, 2005.

Sec. 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) failure to dispense the drug could interrupt a therapeutic

regimen or cause a patient to suffer;

(2) the prescribing veterinarian informs the dispensing

veterinarian that the drug is appropriate and necessary for the

animal;

(3) the quantity of the dispensed drug does not exceed a

five-day supply for each animal annually;

(4) the annual total of dosage units of drugs dispensed under

this subsection is not more than five percent of the total dosage

units of drugs the veterinarian dispenses in a year; and

(5) the veterinarian maintains records of dispensing activities

under this section consistent with board rules.

(b) A veterinarian does not violate Section 801.402 by ordering

a prescription drug in compliance with this section for the

treatment of an animal without first establishing a

veterinarian-client-patient relationship.

Added by Acts 2005, 79th Leg., Ch.

971, Sec. 5, eff. September 1, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

699, Sec. 1, eff. June 19, 2009.

SUBCHAPTER I. LICENSE DENIAL AND DISCIPLINARY PROCEDURES

Sec. 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) refuse to examine an applicant or to issue or renew a

license;

(2) revoke or suspend a license;

(3) place on probation a license holder or person whose license

has been suspended;

(4) reprimand a license holder; or

(5) impose an administrative penalty.

(b) The board may take action under Subsection (a) after notice

and hearing under Section 801.407 or as provided by board rule.

suspension is probated to:

(1) report regularly to the board on matters that are the basis

of the probation;

(2) limit practice to the areas prescribed by the board; or

(3) continue or review continuing professional education until

the license holder attains a degree of skill satisfactory to the

board in those areas that are the basis of the probation.

(d) In addition to other disciplinary actions authorized by this

subchapter, the board may require a license

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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