Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 24 - TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS › Chapter 575 - PRACTICE AND PROCEDURE › Section 575.50 - Criminal Convictions

Current through Reg. 49, No. 28; July 12, 2024
(a) In a
				process under Chapter 53, Occupations Code, the Board may suspend or revoke an
				existing license, disqualify a person from receiving a license, or deny a
				person the opportunity to be examined for a license because of a person's
				conviction of a felony or misdemeanor if the crime directly relates to the
				duties and responsibilities of a veterinarian, a licensed veterinary
				technician, or an equine dental provider. This subsection applies to persons
				who are not imprisoned at the time the Board considers the
				conviction.
(b) The Board shall
				revoke a license upon the imprisonment of a licensee following a felony
				conviction or revocation or felony community supervision, parole, or mandatory
				supervision. A person currently incarcerated because of a felony conviction may
				not sit for license examination, obtain a license under the Veterinary
				Licensing Act, Occupations Code, Chapter 801, or renew a previously issued
				license.
(c) The Board shall, in
				determining whether a criminal conviction directly relates to the duties and
				responsibilities of a licensee, consider the factors listed in the Occupations
				Code, § 53.022.
(d) In
				determining the present fitness to perform the duties and discharge the
				responsibilities of a licensee who has been convicted of a crime, the Board
				shall consider, in addition to the factors referenced in subsection (c) of this
				section, the factors listed in the Occupations Code, § 53.023.
(e) Under Occupations Code § 801.402, a
				person is subject to denial of a license or to disciplinary action under
				Occupations Code § 801.401 if the person engages in illegal practices
				connected with the practice of veterinary medicine or the practice of equine
				dentistry.
(f) The professional
				practices of veterinarians, licensed veterinary technicians, and equine dental
				providers place those licensees in positions of public trust. A licensee
				practices in an autonomous role in the treating and safekeeping of animals;
				preparing and safeguarding confidential records and information; accepting
				client funds; and, if the licensee is a veterinarian, prescribing,
				administering and safely storing controlled substances. The following crimes
				therefore relate to and are connected with the practices of veterinarians,
				licensed veterinary technicians, and equine dental providers because the
				commission of each indicates a violation of the public trust, and a lack of
				integrity and respect for one's fellow human beings and the community at large:
(1) any felony or misdemeanor conviction of
				which fraud, dishonesty or deceit is an essential element;
(2) any criminal violation of the Veterinary
				Licensing Act, or other statutes regulating or pertaining to the licensee's
				practice or profession;
(3) any
				criminal violation of statutes regulating other professions in the healing
				arts;
(4) deceptive business
				practices;
(5) a misdemeanor or
				felony offense involving:
(A)
				murder;
(B) assault;
(C) burglary;
(D) robbery;
(E) theft;
(F) sexual assault;
(G) injury to a child or to an elderly
				person;
(H) child abuse or
				neglect;
(I) tampering with a
				government record;
(J) animal
				cruelty;
(K) forgery;
(L) perjury;
(M) bribery;
(N) mail fraud;
(O) diversion or abuse of controlled
				substances, dangerous drug, or narcotic; or
(P) other misdemeanors or felonies, including
				violations of the Penal Code, Titles 4, 5, 7, 9, and 10, which indicate an
				inability or tendency of the person to be unable to perform as a licensee or to
				be unfit for licensure, if action by the Board will promote the intent of the
				Veterinary Licensing Act, Board rules, including this chapter, and the
				Occupations Code, Chapter 53.