reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter G. License Expiration and Renewal › Section 801.303. Procedure for Renewal

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 1-1/2 times the renewal fee set by the board under Section 801.154(a).
(c)  A person whose license has been expired for more than 90 days but less than one year may renew the license by paying to the board a renewal fee that is equal to two times the renewal fee set by the board under Section 801.154(a).
(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 (S.B. 407), Sec. 14, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 940 (H.B. 414), Sec. 16, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 448 (H.B. 7), Sec. 31(d), eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter G. License Expiration and Renewal › Section 801.304. Fee Exemption

Sec. 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 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.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 940 (H.B. 414), Sec. 17, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter G. License Expiration and Renewal › Section 801.305. Renewal of Expired License by Out-of-State Practitioner

Sec. 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 has been in practice in the other state for the two years preceding the date of application may obtain a new license to practice veterinary medicine 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).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 27 (S.B. 407), Sec. 15, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 940 (H.B. 414), Sec. 18, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 448 (H.B. 7), Sec. 31(e), eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter G. License Expiration and Renewal › Section 801.306. Inactive Status

Sec. 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 may not include a limit on the time a license holder may remain on inactive status.
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. 19, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 536 (S.B. 319), Sec. 16, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter G. License Expiration and Renewal › Section 801.307. Continuing Education

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 to practice veterinary medicine or work as a licensed veterinary technician.  The board shall require six hours of continuing education annually to renew an equine dental provider license.
Text of subsection as added by Acts 2019, 86th Leg., R.S., Ch. 449 (S.B. 1947), Sec. 2
(a-1)  The board shall require a veterinarian to complete two hours of continuing education related to opioid abuse and controlled substance diversion, inventory, and security every two years to renew a license to practice veterinary medicine.
Text of subsection as added by Acts 2019, 86th Leg., R.S., Ch. 1166 (H.B. 3284), Sec. 4
(a-1)  The board by rule shall require a veterinarian to complete two hours of continuing education related to opioid abuse and controlled substance diversion, inventory, and security every two years to renew a license to practice veterinary medicine.
(b)  The board may:
(1)  establish general categories of continuing education that meet the needs of license holders;
(2)  require a license holder to successfully complete continuing education courses; and
(3)  for a license valid for two years, provide a one year or two year period for the completion of continuing education.
(c)  The board may require a license holder who does not complete the required number of hours of continuing education in a period to make up the missed hours in a later period.  Hours required to be made up in a later period are in addition to the hours normally required to be completed in that period.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 27 (S.B. 407), Sec. 16, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 940 (H.B. 414), Sec. 20, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 481 (S.B. 1312), Sec. 6, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 536 (S.B. 319), Sec. 17, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 449 (S.B. 1947), Sec. 2, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1166 (H.B. 3284), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter G. License Expiration and Renewal › Section 801.308. Continuing Education Audits

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.
(c)  A list of completed continuing education courses from the license holder on one presigned form does not establish compliance.
Added by Acts 2005, 79th Leg., Ch. 27 (S.B. 407), Sec. 17, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter G. License Expiration and Renewal › Section 801.309. Criminal History Record Information Requirement for License Renewal

Sec. 801.309.  CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE RENEWAL.  (a)  An applicant renewing a license issued under this chapter shall submit a complete and legible set of fingerprints for purposes of performing a criminal history record information check of the applicant as provided by Section 801.267.
(b)  The board may administratively suspend or refuse to renew the license of a person who does not comply with the requirement of Subsection (a).
(c)  A license holder is not required to submit fingerprints under this section for the renewal of the license if the license holder has previously submitted fingerprints under:
(1)  Section 801.267 for the initial issuance of the license; or
(2)  this section as part of a prior license renewal.
Added by Acts 2017, 85th Leg., R.S., Ch. 536 (S.B. 319), Sec. 18, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter H. Practice by Veterinarian › Section 801.351. Existence of Veterinarian-Client-Patient Relationship

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.
(c)  A veterinarian-client-patient relationship may not be 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 (H.B. 1767), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter H. Practice by Veterinarian › Section 801.352. Prohibition Against Interference or Intervention

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 to practice veterinary medicine 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 to practice veterinary medicine issued under this chapter.
(c)  A veterinarian shall avoid a relationship that may result in interference with or intervention in the veterinarian's practice of veterinary medicine by a person who does not hold a license to practice veterinary medicine 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.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 940 (H.B. 414), Sec. 21, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter H. Practice by Veterinarian › Section 801.354. Authorized Business Practices

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.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter H. Practice by Veterinarian › Section 801.3541. Location of Veterinary Practice

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 to practice veterinary medicine issued under this chapter.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.421(d), eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 940 (H.B. 414), Sec. 22, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter H. Practice by Veterinarian › Section 801.355. Leasing Space From Mercantile Establishment

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.
(c)  The leased space must have a patient's entrance that:
(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.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter H. Practice by Veterinarian › Section 801.356. Exemptions From Requirements Related to Mercantile Establishment

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 (H.B. 1615), Sec. 1, eff. May 19, 2009.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter H. Practice by Veterinarian › Section 801.357. Responsibility of Veterinarian Toward Abandoned Animals

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.
(c)  The client's contact of the veterinarian by mail, telephone, 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 (H.B. 1767), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter H. Practice by Veterinarian › Section 801.358. Liability of Veterinarian for Emergency Treatment; Euthanasia Presumption

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.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter H. Practice by Veterinarian › Section 801.3581. Price Transparency for Emergency Care

Sec. 801.3581.  PRICE TRANSPARENCY FOR EMERGENCY CARE.  (a)  The board shall adopt rules to require a veterinarian to disclose to the owner or other caretaker of an animal the following information before providing emergency treatment to an ill or injured animal:
(1)  a description of the proposed treatment; and
(2)  the estimated price of the proposed treatment.
(b)  Rules adopted under this section must ensure the veterinarian has a reasonable opportunity to:
(1)  assess the animal's condition and develop proposed options for treatment before providing the information described by Subsection (a); and
(2)  propose additional treatment options and price estimates based on changes in the animal's medical condition.
Added by Acts 2023, 88th Leg., R.S., Ch. 620 (H.B. 4069), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter H. Practice by Veterinarian › Section 801.3585. Liability for Reporting Animal Cruelty; Immunity

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 (H.B. 1767), Sec. 4, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 886 (H.B. 2328), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter H. Practice by Veterinarian › Section 801.359. Controlled Substances Records

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.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter H. Practice by Veterinarian › Section 801.360. Death of Veterinarian

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.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter H. Practice by Veterinarian › Section 801.361. Disposal of Animal Remains

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
(C)  the veterinarian performed euthanasia or an autopsy on the animal.
(c)  Notwithstanding any other law, the Texas Commission on 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 (H.B. 2018), Sec. 23.001(74), eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter H. Practice by Veterinarian › Section 801.362. Authority to Dispense Drugs Prescribed by Another Veterinarian in Emergency

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.
(c) The board may adopt rules to implement this section.
Added by Acts 2005, 79th Leg., Ch. 971 (H.B. 1767), Sec. 5, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 699 (H.B. 2765), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter H. Practice by Veterinarian › Section 801.363. Delegation and Supervision of Animal Care Tasks

Sec. 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 veterinarian shall determine the appropriate level of supervision and protocol for a task that is delegated to a licensed veterinary technician, certified veterinary assistant, or veterinary assistant.  In determining the appropriate level of supervision, the veterinarian must consider the level of training and experience of the person to whom the task is delegated.
(c)  According to the judgment of the supervising veterinarian, a veterinarian may delegate greater responsibility to a licensed veterinary technician than to a certified veterinary assistant or a veterinary assistant.  A veterinarian may provide greater supervision for a task performed by a certified veterinary assistant or a veterinary assistant than for the same task performed by a licensed veterinary technician.
(d)  A satellite office or mobile facility may not be operated without a supervising veterinarian.
Added by Acts 2013, 83rd Leg., R.S., Ch. 481 (S.B. 1312), Sec. 7, eff. September 1, 2013.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.