reglab/housing_qa huggingface dataset:
TX Occ Code § 801.364 (2021)
2021 Texas Statutes|Occupations Code|Title 4 - Professions Related to Animals|Chapter 801 - Veterinarians|Subchapter H. Practice by Veterinarian|Section 801.364. Scope of Practice of Licensed Veterinary Technicians, Certified Veterinary Assistants, and Veterinary Assistants

Sec. 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 skin lacerations;(B)  induce anesthesia; and(C)  extract loose teeth or dental fragments of companion animals with minimal periodontal attachments by hand and without the use of an elevator;(2)  under the direct, immediate, or general supervision of a veterinarian:(A)  draw blood; and(B)  take samples for the purpose of testing and diagnosis;(3)  perform a task assigned by the supervising veterinarian under a level of supervision determined by the supervising veterinarian; and(4)  immediately supervise a certified veterinary assistant or veterinary assistant who is performing a task described by Subdivision (1)(A) or (B) or (2) or other tasks related to animal care as assigned by the supervising veterinarian according to the protocol established by the supervising veterinarian.(b)  A licensed veterinary technician who is immediately supervising a task performed by a certified veterinary assistant or a veterinary assistant is responsible for conduct that violates laws, including board rules, related to the practice of veterinary medicine.(c)  In addition to tasks described by Subsection (a)(4), a certified veterinary assistant or veterinary assistant may:(1)  under the immediate supervision of a veterinarian:(A)  suture to close existing surgical skin incisions and skin lacerations; and(B)  induce anesthesia; and(2)  perform other tasks assigned by the supervising veterinarian under a level of supervision determined by the supervising veterinarian.(d)  A licensed veterinary technician, certified veterinary assistant, or veterinary assistant may not:(1)  perform surgery;(2)  perform an invasive dental procedure, except as provided by Subsection (a)(1)(C);(3)  diagnose or determine a prognosis for an animal disease or condition;(4)  prescribe a drug or appliance; or(5)  initiate treatment without prior instruction by a veterinarian, except in the case of an emergency.|Added by Acts 2013, 83rd Leg., R.S., Ch. 481 (S.B. 1312), Sec. 7, eff. September 1, 2013.|
TX Occ Code § 801.401 (2021)
2021 Texas Statutes|Occupations Code|Title 4 - Professions Related to Animals|Chapter 801 - Veterinarians|Subchapter I. License Denial and Disciplinary Procedures|Section 801.401. Disciplinary Powers of Board

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.(c)  The board may require a license holder whose license 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 holder who violates this chapter to participate in a continuing education program.  The board shall specify the continuing education programs that the license holder may attend and the number of hours that the license holder must complete.  A continuing education program specified by the board must be relevant to the violation committed by the license holder. (e)  The board may issue a disciplinary order directing a veterinarian to participate in the peer assistance program under Section 801.157 if the board determines that the veterinarian is an impaired professional as defined by Section 467.001, Health and Safety Code.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 27 (S.B. 407), Sec. 18, eff. September 1, 2005.Acts 2011, 82nd Leg., R.S., Ch. 697 (H.B. 412), Sec. 1, eff. September 1, 2011.|
TX Occ Code § 801.403 (2021)
2021 Texas Statutes|Occupations Code|Title 4 - Professions Related to Animals|Chapter 801 - Veterinarians|Subchapter I. License Denial and Disciplinary Procedures|Section 801.403. Failure to Report Disease

Sec. 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 fails to report a disease to the Texas Animal Health Commission as required by Section 161.101, Agriculture Code.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 940 (H.B. 414), Sec. 23, eff. September 1, 2011.|
TX Occ Code § 801.404 (2021)
2021 Texas Statutes|Occupations Code|Title 4 - Professions Related to Animals|Chapter 801 - Veterinarians|Subchapter I. License Denial and Disciplinary Procedures|Section 801.404. Failure to Maintain Records

Sec. 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 fails to maintain records as required by Section 801.359.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 940 (H.B. 414), Sec. 23, eff. September 1, 2011.|
TX Occ Code § 801.405 (2021)
2021 Texas Statutes|Occupations Code|Title 4 - Professions Related to Animals|Chapter 801 - Veterinarians|Subchapter I. License Denial and Disciplinary Procedures|Section 801.405. Mental Incompetence

Sec. 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 that a person whose license is suspended or revoked under this section is mentally competent, the board may reinstate the person's license.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 801.406 (2021)
2021 Texas Statutes|Occupations Code|Title 4 - Professions Related to Animals|Chapter 801 - Veterinarians|Subchapter I. License Denial and Disciplinary Procedures|Section 801.406. Required Disciplinary Action for Certain Felony Convictions

Sec. 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, the board shall, after conducting an administrative hearing in which the fact of conviction is determined, impose a penalty as provided by Section 801.401.  The board shall set the amount of the penalty to match the seriousness of the conviction.(b)  Repealed by Acts 2005, 79th Leg., Ch. 27, Sec. 27(2), eff. September 1, 2005.(c)  The board may reinstate or reissue a license suspended or revoked under this section only on an express determination based on substantial evidence contained in an investigative report indicating that reinstatement or reissuance of the license is in the best interests of:(1)  the public;  and(2)  the person whose license has been suspended or revoked.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 27 (S.B. 407), Sec. 19, eff. September 1, 2005.Acts 2005, 79th Leg., Ch. 27 (S.B. 407), Sec. 27(2), eff. September 1, 2005.|
TX Occ Code § 801.407 (2021)
2021 Texas Statutes|Occupations Code|Title 4 - Professions Related to Animals|Chapter 801 - Veterinarians|Subchapter I. License Denial and Disciplinary Procedures|Section 801.407. Right to Hearing

Sec. 801.407.  RIGHT TO HEARING.  (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)  denies the person's application for a license;(3)  revokes or suspends the person's license;(4)  places the person on probation;(5)  reprimands the person; or(6)  assesses an administrative penalty against the person.(b)  A hearing conducted under this section is governed by Chapter 2001, Government Code.(c)  The State Office of Administrative Hearings shall use the schedule of sanctions under Section 801.411 for any sanction imposed as the result of a hearing conducted by that office.(d)  The board may conduct deliberations relating to a disciplinary action during executive session.  At the conclusion of those deliberations, the board shall vote and announce its decision to the license holder in open session.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 27 (S.B. 407), Sec. 20, eff. September 1, 2005.Acts 2017, 85th Leg., R.S., Ch. 536 (S.B. 319), Sec. 19, eff. September 1, 2017.Acts 2017, 85th Leg., R.S., Ch. 536 (S.B. 319), Sec. 20, eff. September 1, 2017.|
TX Occ Code § 801.408 (2021)
2021 Texas Statutes|Occupations Code|Title 4 - Professions Related to Animals|Chapter 801 - Veterinarians|Subchapter I. License Denial and Disciplinary Procedures|Section 801.408. Informal Proceedings

Sec. 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 proceeding held in compliance with Section 2001.054, Government Code.(b)  Rules adopted under Subsection (a) must:(1)  provide the complainant and the license holder an opportunity to be heard; and(2)  require the presence of the board's general counsel or a representative of the attorney general during an informal proceeding to advise the board or the board's employees.(c)  A committee of two or more veterinarian board members and one or more public board members must be present at an informal proceeding for a complaint that requires medical expertise.  The committee shall recommend enforcement action at the informal proceeding.(d)  A committee of board staff may recommend enforcement action at an informal proceeding for a complaint that does not require medical expertise or may refer the complaint to the committee of board members under Subsection (c).(e)  At an informal proceeding under this section, and on agreement with the license holder, the board may order the license holder to refund an amount not to exceed the amount a client paid to the license holder instead of or in addition to imposing an administrative penalty under this chapter.  The board may not require payment of other damages or estimate harm under this subsection.(f)  Before an informal disposition is effective, the board must review and approve at a public meeting an informal disposition of the complaint recommended by board members or board staff.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 27 (S.B. 407), Sec. 21, eff. September 1, 2005.|
TX Occ Code § 801.409 (2021)
2021 Texas Statutes|Occupations Code|Title 4 - Professions Related to Animals|Chapter 801 - Veterinarians|Subchapter I. License Denial and Disciplinary Procedures|Section 801.409. Temporary License Suspension

Sec. 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 of a license holder if the executive committee determines from the evidence or information presented to the committee that continued practice by the license holder constitutes a continuing or imminent threat to the public welfare.  A temporary suspension may also be ordered on a majority vote of the board.(b)  The board by rule shall adopt procedures for the temporary suspension of a license under this section.(c)  A license temporarily suspended under this section may be suspended without notice or hearing if, at the time the suspension is ordered, a hearing on whether disciplinary proceedings under this chapter should be initiated against the license holder is scheduled to be held not later than the 14th day after the date of the suspension.(d)  A second hearing on the suspended license shall be held not later than the 60th day after the date the suspension is ordered.  If the second hearing is not held in the time required by this subsection, the suspended license is automatically reinstated.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 801.410 (2021)
2021 Texas Statutes|Occupations Code|Title 4 - Professions Related to Animals|Chapter 801 - Veterinarians|Subchapter I. License Denial and Disciplinary Procedures|Section 801.410. Venue for Appeal

Sec. 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. 1, eff. Sept. 1, 1999.|
TX Occ Code § 801.411 (2021)
2021 Texas Statutes|Occupations Code|Title 4 - Professions Related to Animals|Chapter 801 - Veterinarians|Subchapter I. License Denial and Disciplinary Procedures|Section 801.411. Schedule of Sanctions

Sec. 801.411.  SCHEDULE OF SANCTIONS.  (a)  The board by rule shall adopt a schedule of penalties, disciplinary actions, and other sanctions that the board may impose under this chapter. (b)  In adopting the schedule of sanctions under Subsection (a), the board shall ensure that the severity of the sanction imposed is appropriate to the type of violation or conduct that is the basis for disciplinary action.  The schedule must provide that the type of disciplinary action or other sanction and the amount of a penalty imposed under this chapter must be based on:(1)  the seriousness of the violation, including:(A)  the nature, circumstances, extent, and gravity of any prohibited act; and(B)  the hazard or potential hazard created to the health, safety, or economic welfare of the public;(2)  the economic harm to property or the environment caused by the violation;(3)  the history of previous violations;(4)  the amount of penalty or type of disciplinary action or sanction necessary to deter a future violation;(5)  efforts to correct the violation; and(6)  any other matter that justice may require.|Added by Acts 2017, 85th Leg., R.S., Ch. 536 (S.B. 319), Sec. 21, eff. September 1, 2017.|
TX Occ Code § 801.451 (2021)
2021 Texas Statutes|Occupations Code|Title 4 - Professions Related to Animals|Chapter 801 - Veterinarians|Subchapter J. Administrative Penalty|Section 801.451. Imposition of Administrative Penalty

Sec. 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 violates this chapter or a rule adopted or order issued under this chapter.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.423(a), eff. Sept. 1, 2001.|
TX Occ Code § 801.452 (2021)
2021 Texas Statutes|Occupations Code|Title 4 - Professions Related to Animals|Chapter 801 - Veterinarians|Subchapter J. Administrative Penalty|Section 801.452. Amount of Penalty

Sec. 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 on the schedule of sanctions adopted under Section 801.411.(c)  A committee described by Section 801.408(c) or (d) shall recommend the amount of the administrative penalty based on the schedule of sanctions adopted under Section 801.411.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 27 (S.B. 407), Sec. 22, eff. September 1, 2005.Acts 2017, 85th Leg., R.S., Ch. 536 (S.B. 319), Sec. 22, eff. September 1, 2017.|
TX Occ Code § 801.453 (2021)
2021 Texas Statutes|Occupations Code|Title 4 - Professions Related to Animals|Chapter 801 - Veterinarians|Subchapter J. Administrative Penalty|Section 801.453. Committee Recommendations

Sec. 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 issued under this chapter occurred, the committee may issue a report to the board stating:(1)  the facts on which the determination is based; and(2)  the committee's recommendation on the imposition of an administrative penalty, including a recommendation on the amount of the penalty.(b)  Not later than the 14th day after the date the report is issued, the executive director shall give written notice of the committee's report to the person on whom the penalty may be imposed.  The notice may be given by certified mail.(c)  The notice given under this section must:(1)  include a notice of each alleged violation;(2)  state the amount of any recommended penalty; and(3)  inform the person of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 27 (S.B. 407), Sec. 23, eff. September 1, 2005.|
TX Occ Code § 801.454 (2021)
2021 Texas Statutes|Occupations Code|Title 4 - Professions Related to Animals|Chapter 801 - Veterinarians|Subchapter J. Administrative Penalty|Section 801.454. Penalty to Be Paid or Hearing Requested on Committee's Recommendations

Sec. 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 and recommended administrative penalty; or(2)  request a hearing on the occurrence of the violation, the amount of the penalty, or both.(b)  If the person accepts the committee's determination and recommended penalty, the board by order may:(1)  approve the determination and impose the recommended penalty;(2)  modify the determination or recommended penalty; or(3)  reject the determination or recommended penalty.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 27 (S.B. 407), Sec. 24, eff. September 1, 2005.|
TX Occ Code § 801.455 (2021)
2021 Texas Statutes|Occupations Code|Title 4 - Professions Related to Animals|Chapter 801 - Veterinarians|Subchapter J. Administrative Penalty|Section 801.455. Hearing on Committee's Recommendations

Sec. 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 of the hearing to the person.(b)  A hearing set by the executive director under Subsection (a) shall be held by an administrative law judge of the State Office of Administrative Hearings.(c)  The administrative law judge shall:(1)  make findings of fact and conclusions of law;  and(2)  promptly issue to the board a proposal for a decision as to the occurrence of the violation and the amount of any proposed administrative penalty.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 27 (S.B. 407), Sec. 25, eff. September 1, 2005.|
TX Occ Code § 801.456 (2021)
2021 Texas Statutes|Occupations Code|Title 4 - Professions Related to Animals|Chapter 801 - Veterinarians|Subchapter J. Administrative Penalty|Section 801.456. Decision by Board

Sec. 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:(1)  a violation has occurred and impose an administrative penalty;  or(2)  a violation did not occur.(b)  The notice of the board's order given to the person under Chapter 2001, Government Code, must include a statement of the person's right to judicial review of the order.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 801.457 (2021)
2021 Texas Statutes|Occupations Code|Title 4 - Professions Related to Animals|Chapter 801 - Veterinarians|Subchapter J. Administrative Penalty|Section 801.457. Options Following Decision: Pay or Appeal

Sec. 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 the penalty and file a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both;  or(3)  without paying the penalty, file a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both.(b)  Within the 30-day period, a person who acts under Subsection (a)(3) may:(1)  stay enforcement of the penalty by:(A)  paying the penalty to the court for placement in an escrow account;  or(B)  giving the court a supersedeas bond that is approved by the court and that:(i)  is for the amount of the penalty;  and(ii)  is effective until judicial review of the board's order is final;  or(2)  request the court to stay enforcement of the penalty by:(A)  filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond;  and(B)  giving a copy of the affidavit to the executive director by certified mail.(c)  If the executive director receives a copy of an affidavit under Subsection (b)(2), the executive director may file with the court a contest to the affidavit not later than the fifth day after the date the copy is received.(d)  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and stay enforcement of the penalty on finding that the alleged facts are true.  The person who files the affidavit has the burden of proving that the person is financially unable to pay the penalty and to give the supersedeas bond.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 801.458 (2021)
2021 Texas Statutes|Occupations Code|Title 4 - Professions Related to Animals|Chapter 801 - Veterinarians|Subchapter J. Administrative Penalty|Section 801.458. Collection of Penalty

Sec. 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 to the attorney general for collection of the penalty.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 801.459 (2021)
2021 Texas Statutes|Occupations Code|Title 4 - Professions Related to Animals|Chapter 801 - Veterinarians|Subchapter J. Administrative Penalty|Section 801.459. Determination by Court

Sec. 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 the person to pay the full or reduced amount.(b)  If the court does not sustain the determination that a violation occurred, the court shall order that an administrative penalty is not owed.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|