reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 24 - TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS › Chapter 575 - PRACTICE AND PROCEDURE › Section 575.6 - Procedures Following a Contested Case Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) Following issuance of a proposal for
				decision (PFD) in a contested case referred by the Board to the State Office of
				Administrative Hearings (SOAH), the parties to the hearing may file exceptions
				and replies to exceptions to the PFD.
(b) Any party may, within 20 days after the
				date of service of a proposal for decision, file with the executive director of
				the Board and the administrative law judge (ALJ), exceptions and briefs to the
				PFD. Replies to the exceptions and briefs may be filed within 15 days after the
				date of filing of the exceptions and briefs.
(1) A request for extension of time within
				which to file exceptions, briefs, or replies shall be filed with the executive
				director of the Board and the ALJ, and a copy thereto shall be served on all
				other parties of record by the party making the request.
(2) The ALJ will rule on all exceptions,
				briefs and replies and requests for extension of time and notify the parties of
				their decision and any amendments they propose to the PFD.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 24 - TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS › Chapter 575 - PRACTICE AND PROCEDURE › Section 575.7 - Presentation of Proposal for Decision

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Notice of oral argument. All parties and the ALJ who has issued a proposal for
				decision shall be given notice of the opportunity to attend and provide oral
				argument concerning a proposal for decision before the board. Notice shall be
				sent by hand delivery, regular mail, certified mail - return receipt requested,
				courier service, or registered service to the ALJ's office and the parties'
				addresses of record.
(b) Arguments
				before the Board. The order of the proceeding shall be as follows:
(1) the ALJ shall present and explain the
				proposal for decision;
(2) the
				party adversely affected shall briefly state the party's reasons for being so
				affected supported by the evidence of record;
(3) the other party or parties shall be given
				the opportunity to respond;
(4) the
				party with the burden of proof shall have the right to close;
(5) board members may question any party as
				to any matter relevant to the proposal for decision and evidence presented at
				the hearing;
(6) at the end of all
				arguments by the parties, the board may deliberate in closed session and shall
				determine the charges on the merits and take action on a final decision in open
				session.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 24 - TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS › Chapter 575 - PRACTICE AND PROCEDURE › Section 575.8 - Final Decision and Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) Board
				action. A copy of the final decision or order shall be delivered or mailed to
				any party and to the attorney of record.
(b) Recorded. All final decisions and orders
				of the Board shall be in writing and shall be signed by the president,
				vice-president, or secretary and reported in the minutes of the meeting. A
				final order shall include findings of fact and conclusions of law, separately
				stated.
(c) Imminent peril. If the
				Board finds that imminent peril to the public's health, safety, or welfare
				requires immediate effect of a final decision or order in a contested case, it
				shall recite the finding in the decision or order as well as the fact that the
				decision or order is final and effective on the date rendered, in which event
				the decision or order is final and appealable on the date rendered and no
				motion for rehearing is required as a prerequisite for appeal.
(d) Changes to findings of fact and
				conclusions of law.
(1) Reasons to change
				findings of fact and conclusions of law. The Board is charged by the
				legislature to protect the public interest, is an independent agency of the
				executive branch of the government of the State of Texas, and is the primary
				means of licensing, regulating and disciplining veterinarians, licensed
				veterinary technicians, and equine dental providers. Therefore, to ensure that
				sound veterinary medical principles govern the decisions of the Board, it is
				the policy of the Board to change a finding of fact or conclusion of law or to
				vacate or modify any proposed order of an ALJ only when the Board determines:
(A) that the ALJ did not properly apply or
				interpret applicable law, Board rules, written policies, or prior
				administrative decisions;
(B) that
				a prior administrative decision on which the ALJ relied is incorrect or should
				be changed; or
(C) that a technical
				error in a finding of fact should be changed.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 24 - TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS › Chapter 575 - PRACTICE AND PROCEDURE › Section 575.9 - Motions for Rehearing

Current through Reg. 49, No. 28; July 12, 2024
Any motions for rehearing and replies to motions for
				  rehearing must be filed in accordance with the time periods specified in the
				  Government Code, §
									2001.146.
				  Upon request by a party, the Board may grant oral argument on motions for
				  rehearing.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 24 - TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS › Chapter 575 - PRACTICE AND PROCEDURE › Section 575.10 - Costs of Administrative Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) Default Orders. In cases brought before
				SOAH, in the event that the respondent is adjudged to be in violation of the
				Act by default, the Board has the authority to assess, in addition to penalty
				imposed, costs of transcribing the administrative hearing.
(b) Mediation at SOAH. The costs of mediation
				shall be born equally by the parties, unless proof through affidavit and other
				reliable records such as tax returns show that a party is incapable of paying
				part of the costs of mediation.
(c)
				Trial on the Merits. In cases brought before SOAH, in the event that the
				respondent is adjudged after a trial on the merits to be either in violation of
				the Act or ineligible for licensure, the Board has the authority to assess, in
				addition to the penalty imposed, the costs of transcribing the administrative
				hearing.
(d) Appeal. The costs of
				transcribing the testimony and preparing the record for an appeal by judicial
				review shall be paid by the party who appeals.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 24 - TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS › Chapter 575 - PRACTICE AND PROCEDURE › Section 575.20 - Board Proceedings Relating to Licensure Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) Recommendations by the Executive
				Director.
(1) The executive director may
				review applications for licensure and determine whether an applicant is
				eligible for licensure or refer an application to a committee of the Board for
				review.
(2) To promote the
				expeditious resolution of any licensure matter, the executive director may
				recommend that the applicant be eligible for a license, but only under certain
				terms and conditions, and present a proposed agreed licensure order to the
				applicant.
(A) If the proposed agreed
				licensure order or remedial plan is acceptable to the applicant, the applicant
				shall sign the agreed licensure order and the agreed licensure order shall be
				presented to the Board for consideration and acceptance without conducting an
				informal board proceeding relating to licensure eligibility.
(B) If the proposed agreed order is not
				acceptable to the applicant, the applicant may request review of the executive
				director's recommendation by a committee of the Board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 24 - TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS › Chapter 575 - PRACTICE AND PROCEDURE › Section 575.22 - Reinstatement of Licenses

Current through Reg. 49, No. 28; July 12, 2024
(a) A person
				whose license has been surrendered or revoked, whether by voluntary action or
				by disciplinary action of the Board, may after five (5) years from the
				effective date of such surrender or revocation, petition the Board for
				reinstatement of the license, unless another time is provided in the surrender
				or revocation order, or unless no provision was made in the order for
				reinstatement. This section does not apply to licensees who let their licenses
				lapse for non-payment of renewal fees or licensees against whom a surrender or
				revocation proceeding is not pending before the Board or in any other
				jurisdiction.
(b) The petition
				shall be in writing and in the form prescribed by the Board.
(c) After consideration of the petition for
				reinstatement, the Board may:
(1) deny
				reinstatement of the license;
(2)
				reinstate and probate the licensee for a specified period of time under
				specified conditions; or
(3)
				authorize reinstatement of the licensee.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 24 - TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS › Chapter 575 - PRACTICE AND PROCEDURE › Section 575.24 - Reprimands

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee
				subject to disciplinary action by the Board may be reprimanded. A reprimand:
(1) may be formal or informal;
(2) is contained in a written order of the
				Board; and
(3) is available upon
				request as public information.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 24 - TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS › Chapter 575 - PRACTICE AND PROCEDURE › Section 575.25 - Schedule of Sanctions

Current through Reg. 49, No. 28; July 12, 2024
This Schedule of Sanctions shall be used to assess the
				  appropriate sanction to be imposed upon a licensee that is subject to
				  disciplinary action.
Attached
				  Graphic
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 24 - TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS › Chapter 575 - PRACTICE AND PROCEDURE › Section 575.27 - Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) Initiation.
(1) Complaints submitted to the Board by the
				public shall be in writing on the complaint form provided by the Board.
				Complaints shall contain at least the following information:
(A) the complainant's name and contact
				information;
(B) the name of the
				person against whom the complaint is submitted;
(C) the date and place of the alleged
				violation; and
(D) a description of
				the facts or conduct alleged to violate the Act or Board rules.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 24 - TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS › Chapter 575 - PRACTICE AND PROCEDURE › Section 575.28 - Investigations

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon the
				initiation of an official investigation, complaints shall be classified into
				one or more of the following complaint categories:
(1) Complaints alleging acts or omissions
				that may constitute a continuing or imminent threat to the public
				welfare;
(2) Complaints that
				require medical expertise to review;
(3) Complaints that do not require medical
				expertise to review; or
(4)
				Complaints alleging the practice of veterinary medicine or equine dentistry
				without a license.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 24 - TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS › Chapter 575 - PRACTICE AND PROCEDURE › Section 575.29 - Informal Conferences

Current through Reg. 49, No. 28; July 12, 2024
(a) Both the
				complainant and respondent in a matter shall have an opportunity to be heard in
				an informal conference, and each may be represented by legal counsel. In an
				informal conference requiring medical expertise, the panel shall consist of two
				veterinarians and one public member of the TBVME. In an informal conference
				that does not require medical expertise, the panel shall consist of one
				veterinarian, one member of the legal staff, and one member of the staff or
				public member designated by the executive director.
(b) Respondent must submit any additional
				evidence for review by the TBVME on or before the 7th day after the respondent
				receives the medical review.
(c)
				The Board shall provide the complainant and respondent and their legal counsel,
				if any, all information regarding potential outcomes of an informal conference
				prior to the informal conference.
(d) The Board shall provide the complainant
				and respondent, if applicable, with reasonable written notice of the time,
				date, and location of an informal conference. The notice shall include a
				statement of the alleged violation(s) to be considered by the informal
				conference panel.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 24 - TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS › Chapter 575 - PRACTICE AND PROCEDURE › Section 575.35 - Temporary License Suspension Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board's Executive Committee shall
				meet as necessary to receive information on a complaint indicating that a
				licensee's continued practice may constitute a continuing or imminent threat to
				the public welfare. At the conclusion of the meeting, if the EDC concludes that
				the licensee's continued practice would constitute a continuing or imminent
				threat to the public welfare, the Executive Committee shall suspend the
				licensee's license for a temporary, stated period of time.
(b) In accordance with the APA,
				§2001.081, the determination of the Executive Committee may be based not
				only on evidence admissible under the Texas Rules of Evidence, but may be based
				on information of a type on which a reasonably prudent person commonly relies
				in the conduct of the person's affairs.
(c) In receiving information on which to base
				its determination of a continuing threat to the public welfare, the Executive
				Committee may accept the testimony of witnesses by telephone.
(d) The Executive Committee and the Board's
				Enforcement Committee may receive testimony and evidence in oral or written
				form. Written statements may be sworn or unsworn. The committee members may
				question witnesses at the members' discretion. Evidence or information that is
				clearly irrelevant, unreliable, or unduly inflammatory will not be
				considered.
(e) The Executive
				Committee may suspend a license under this section without notice or a hearing
				on the complaint, provided the Enforcement Committee shall meet in an informal
				conference within 14 days of the date of suspension, to determine if formal
				disciplinary proceedings should be initiated against the licensee. The licensee
				must receive notice of the conference at least 72 hours prior to the
				conference.
(f) Following the
				informal conference, the Enforcement Committee shall take one of the following
				actions:
(1) Lift the temporary suspension
				and reinstate the license without conditions.
(2) Negotiate with the licensee an agreed
				settlement order that will lift the suspension, continue the suspension, or
				impose other sanctions as appropriate. The agreed order would be presented to
				the next available Board meeting for adoption.
(3) Prepare a notice of hearing setting out
				the details of the complaint and recommended sanctions, and forward the notice
				of hearing to the State Office of Administrative Hearings for setting of an
				administrative hearing. Following the hearing, the administrative law judge
				will prepare a proposal for decision for adoption, in the form of an order, by
				the Board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 24 - TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS › Chapter 575 - PRACTICE AND PROCEDURE › Section 575.36 - Rescission of Probation

Current through Reg. 49, No. 28; July 12, 2024
(a) At least 20
				days prior to a hearing to rescind probation, the probationer shall be served
				with written notice of the allegations supporting rescission of the
				probation.
(b) The hearing shall be
				conducted in accordance with §
									575.30
				of this title (relating to Contested Case Hearing at SOAH).
(c) After giving the probationer notice and
				an opportunity to be heard, the Board may set aside the stay order and impose
				the stayed discipline (revocation/suspension) of the probationer's
				license.
(d) If during the period
				of probation, an additional allegation, accusation, or petition is reported or
				filed against the probationer's license, the probationary period shall not
				expire and shall automatically be extended until the allegation, accusation, or
				petition has been acted upon by the Board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 24 - TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS › Chapter 575 - PRACTICE AND PROCEDURE › Section 575.38 - Proceeding for the Modification or Termination of Agreed Orders and Disciplinary Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) This rule is
				intended to provide a procedure whereby licensees presently subject to a board
				order can, if otherwise eligible, petition for the modification or termination
				of their board order.
(b) The
				decision to modify or terminate all or any part of a board order is at the sole
				discretion of the Board unless otherwise specified in the licensee's
				order.
(c) A request for
				modification or termination of an existing board order must be submitted in
				writing by the licensee subject to the board order. The writing must
				specifically detail the desired action being requested.
(d) After receipt of the licensee's petition
				and an initial determination by board staff of the licensee's eligibility for a
				hearing to modify or terminate their board order, a date and time for an
				informal conference with the Board's enforcement committee to consider the
				licensee's petition for modification or termination of an existing board order
				shall be set and the licensee shall be provided written notice.
(e) If the licensee desires to submit
				evidence in support of his or her petition to modify or terminate, the licensee
				must submit such evidence no less than seven calendar days prior to the
				informal conference.
(f) When
				considering a licensee's petition for modification or termination of a board
				order, the Board or the enforcement committee may consider:
(1) evidence presented by the
				licensee;
(2) the existence of any
				pending investigations;
(3) past
				compliance with the board order;
(4) the existence of prior board
				orders;
(5) whether there has been
				a significant change in circumstances that indicates that it is in the best
				interest of the public and licensee to modify or terminate the board
				order;
(6) whether there has been
				an unanticipated, unique hardship on the licensee as a result of the board
				order that goes beyond the natural adverse ramifications of the disciplinary
				action (i.e. impossibility of requirement, geographical problems);
(7) whether the licensee has engaged in
				special activities that are particularly commendable or so meritorious as to
				make modification or termination appropriate; and
(8) any other information or evidence the
				Board or the enforcement committee deems necessary to make an informed
				decision.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 24 - TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS › Chapter 575 - PRACTICE AND PROCEDURE › Section 575.60 - Alternative Dispute Resolution

Current through Reg. 49, No. 28; July 12, 2024
(a)
				The board's policy is to encourage the resolution and early settlement of
				internal and external disputes, including contested cases, through voluntary
				settlement processes, which may include any procedure or combination of
				procedures described by Chapter 154, Civil Practice and Remedies Code. Any ADR
				procedure used to resolve disputes before the board shall comply with the
				requirements of Chapter 2009, Government Code, and any model guidelines for the
				use of ADR issued by the State Office of Administrative Hearings.
(b) The board's general counsel or their
				designee shall be the board's dispute resolution coordinator (DRC). The DRC
				shall perform the following functions, as required:
(1) coordinate the implementation of the
				policy set out in subsection (a) of this section;
(2) serve as a resource for any staff
				training or education needed to implement the ADR procedures; and
(3) collect data to evaluate the
				effectiveness of ADR procedures implemented by the board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 24 - TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS › Chapter 575 - PRACTICE AND PROCEDURE › Section 575.61 - Petition for Rulemaking

Current through Reg. 49, No. 28; July 12, 2024
Any person may petition for rulemaking in accordance with
				  § 2001.021 of the Administrative Procedures Act by submitting a written
				  request to the Board at least 30 days prior to a board meeting identifying the
				  rule the petitioner wants the Board to change, the reasons why the petitioner
				  believes the requested rulemaking is necessary, and attaching a copy of the
				  rule showing the proposed changes with deletions crossed through and additions
				  underlined.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 24 - TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS › Chapter 575 - PRACTICE AND PROCEDURE › Section 575.62 - Negotiated Rulemaking

Current through Reg. 49, No. 28; July 12, 2024
(a) Notice of a
				proposed new rule or amendment of any existing rule shall be made in accordance
				with the provisions of §2001.023 and §2001.024 of the Administrative
				Procedures Act.
(b) The Board's
				policy is to encourage the use of negotiated rulemaking for the adoption of
				Board rules in appropriate situations.
(c) The Board's general counsel or their
				designee shall be the Board's negotiated rulemaking coordinator (NRC). The NRC
				shall perform the following functions, as required:
(1) coordinate the implementation of the
				policy set out in subsection (a) of this section, and in accordance with the
				Negotiated Rulemaking Act, Chapter 2008, Government Code;
(2) serve as a resource for any staff
				training or education needed to implement negotiated rulemaking procedures;
				and,
(3) collect data to evaluate
				the effectiveness of negotiated rulemaking procedures implemented by the
				Board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 24 - TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS › Chapter 575 - PRACTICE AND PROCEDURE › Section 575.63 - Board Approval of Equine Dental Provider Certification Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) The process to
				establish a new equine dental provider certification program shall be initiated
				with the Board one year prior to the anticipated start date of the
				certification program.
(b) An
				organization that educates equine dental providers cannot own or control an
				equine dental provider certification program.
(c) The individual writing the application
				for board approval of an equine dental provider certification program should
				hold a current license to practice as an equine dental provider in Texas.
(1) The name and credentials of the author of
				the application should be included in the document.
(2) A qualified director must be employed by
				the program early in the application process, and in no event shall a director
				be hired later than six (6) months prior to the submission of the application
				to the Board. The director shall:
(A) hold a
				current license to practice equine dentistry or veterinary medicine in Texas;
				and
(B) have a minimum of ten (10)
				years experience as a practicing equine dental provider.
(3) The program director must review/revise
				the application and agree with the components of the application as being
				representative of the proposed certification program that the individual will
				be responsible for administratively.
(4) If the program director changes, the
				director shall submit to the Board written notification of the change
				indicating the final date of employment, and identifying and providing
				information about the qualifications of a replacement director.
(5) The director shall have authority to
				direct the equine dental provider certification program in all its aspects and
				phases, including approving staff, selection of testing sites, facilities and
				equipment, application processes, rejection of applicants, and enforcement of
				policies.
(6) The director shall
				notify the Board immediately when there is a change in the name of the
				certification program or the governing organization, or when there are changes
				in the contact information.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 24 - TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS › Chapter 575 - PRACTICE AND PROCEDURE › Section 575.281 - Complaints-Request to Reopen Investigation

Current through Reg. 49, No. 28; July 12, 2024
A complainant may request that an investigation be reopened
				  by submitting to the Board information that has not previously been considered
				  and could not have been obtained at the time of the initial investigation.
				  Board staff may determine whether additional investigation is
				  warranted.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 24 - TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS › Chapter 577 - GENERAL ADMINISTRATIVE DUTIES › Subchapter A - BOARD MEMBERS AND MEETINGS - DUTIES › Section 577.1 - Officers

Current through Reg. 49, No. 28; July 12, 2024
The officers of the Board shall be a president, a vice
					 president, and a secretary. The president is appointed by the Governor. The
					 vice-president and secretary are elected by the Board members at the first
					 meeting of each fiscal year; take office immediately after the close of such
					 meeting; serve for one year; and may be re-elected.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 24 - TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS › Chapter 577 - GENERAL ADMINISTRATIVE DUTIES › Subchapter A - BOARD MEMBERS AND MEETINGS - DUTIES › Section 577.2 - Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) The president
				  shall preside at meetings of the Board. In his absence, the vice-president
				  shall preside. In the absence of both the Board president and vice-president,
				  the secretary shall preside.
(b)
				  The Board shall hold a minimum of two regular meetings each year for the
				  purpose of conducting Board business. Other meetings may be held on the call of
				  the President or upon petition to the President of two or more Board members.
				  The Board may hold meetings by telephone conference call or video conference
				  call provided that the requirements of the Government Code, §
										551.125
				  and/or § 551.127, are met.
(c)
				  An agenda for each board meeting shall be posted in accordance with law and
				  copies shall be sent to the board members.
(d) Board and committee meetings shall be
				  conducted pursuant to the provisions of Robert's Rules of Order Newly Revised
				  unless the board by rule adopts a different procedure.
(e) Meetings of the board are open to the
				  public unless such meetings are conducted in executive session pursuant to
				  state law.
(f) In order that board
				  meetings may be conducted safely, efficiently, and with decorum, attendees may
				  not engage in disruptive activity that interferes with board
				  proceedings.
(g) Members of the
				  public shall not address or question board members during meetings unless
				  recognized by the board's presiding officer pursuant to a published agenda
				  item.
(h) Journalists have the same
				  right of access to board meetings conducted in open session as other members of
				  the public and are subject to the same requirements.
(i) The board's presiding officer may exclude
				  from a meeting any person who, after being duly warned, persists in disruptive
				  activity that interferes with board proceedings.
(j) Five members of the Board shall
				  constitute a quorum and all members shall have a vote on all matters except
				  where a Board member may be recused from voting for good cause. Decisions must
				  be made by affirmative vote of a majority of the members present and
				  voting.
(k) Recording of meetings
(1) A person may record all or part of the
				  proceedings of a public Board meeting by means of a tape recorder, video
				  camera, or other means of audio or visual reproduction.
(2) In order to minimize disruption of the
				  normal order of Board business, the executive director or Board president may
				  direct any individual wishing to record or videotape the meeting as to
				  equipment location, placement, and the manner in which the recording is
				  conducted.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 24 - TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS › Chapter 577 - GENERAL ADMINISTRATIVE DUTIES › Subchapter A - BOARD MEMBERS AND MEETINGS - DUTIES › Section 577.3 - Compensation

Current through Reg. 49, No. 28; July 12, 2024
Board members shall receive reimbursement at the statutory
					 per diem rate for each day actually engaged in official Board duties.
					 Reimbursement for travel expenses shall be made in accordance with amounts
					 established by state law. Official duties include preparation and review of
					 examinations, attendance at official Board meetings, other meetings as directed
					 by the President of the Board, or meetings required by statute or Board rule.
					 Official duties also include the time spent in direct travel to and from the
					 location of Board duties.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 24 - TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS › Chapter 577 - GENERAL ADMINISTRATIVE DUTIES › Subchapter A - BOARD MEMBERS AND MEETINGS - DUTIES › Section 577.5 - Committees of the Board

Current through Reg. 49, No. 28; July 12, 2024
(a) Standing
				  and Permanent Committees. The following are standing and permanent committees
				  of the Board, established pursuant to Occupations Code, Chapter 801. The
				  responsibilities and authority of these committees include those duties and
				  powers set forth below and any other responsibilities delegated by the Board.
(1) Executive Committee.
(A) Membership. The Executive Committee shall
				  be comprised of the Board president, vice president, and secretary. The Board
				  president shall annually appoint members of the Board to serve as the Board
				  vice president and secretary. The Board president shall serve as the chair of
				  the Executive Committee.
(B)
				  Responsibilities and Authority. The Executive Committee shall have the
				  responsibility and authority to:
(i) study and
				  make recommendations to the Board regarding future Board goals and objectives
				  and the establishment of priorities;
(ii) study and make recommendations to the
				  Board regarding methods to improve the efficiency and effectiveness of the
				  administration of the Board;
(iii)
				  review and evaluate Board rules regarding the Board's general administrative
				  duties, or any Board function the committee determines needs consideration,
				  study and recommend changes and additions to such rules;
(iv) assist in the preparation and
				  presentation of information concerning the Board to the Legislature and other
				  state officials;
(v) take action on
				  matters of urgency that arise between Board meetings;
(vi) conduct temporary license suspension
				  proceedings pursuant to Occupations Code § 801.409 and §
													575.35
				  of this title;
(vii) study and make
				  recommendations to the Board regarding the division of responsibilities between
				  the Board and Board staff pursuant to Occupations Code §
													801.104;
(viii) conduct an annual performance
				  evaluation of the Executive Director, report findings and make employment
				  recommendations to the Board; and
(ix) in the event of a vacancy in the
				  Executive Director position, oversee the hiring process, conduct interviews,
				  and make employment recommendations to the Board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 24 - TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS › Chapter 577 - GENERAL ADMINISTRATIVE DUTIES › Subchapter B - STAFF › Section 577.11 - Appointments and Fund Disbursements

Current through Reg. 49, No. 28; July 12, 2024
The president of the board is authorized to appoint a
					 member of the board, the executive director, or designee, to sign each voucher
					 and any other instrument required by state law to be signed by the board for
					 disbursement of funds or other purposes, or both.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 24 - TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS › Chapter 577 - GENERAL ADMINISTRATIVE DUTIES › Subchapter B - STAFF › Section 577.12 - Directory of Licensees

Current through Reg. 49, No. 28; July 12, 2024
Upon request the Board will furnish a complete or partial
					 listing of currently licensed veterinarians, equine dental providers, and
					 licensed veterinary technicians, in printed or electronic format. Costs for the
					 directory will vary depending on the information requested and will be in
					 accordance with the Office of the Attorney General 1 TAC §§
										70.1-
					 70.11
					 (relating to Cost of Copies of Public Information).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 24 - TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS › Chapter 577 - GENERAL ADMINISTRATIVE DUTIES › Subchapter B - STAFF › Section 577.15 - Fee Schedule

Current through Reg. 49, No. 28; July 12, 2024
The Texas Board of Veterinary Medical Examiners has
					 established the following fixed fees as reasonable and necessary for the
					 administration of its functions. Other variable fees exist, including but not
					 limited to costs as described in §
										575.10
					 of this title (relating to Costs of Administrative Hearings), and are not
					 included in this schedule.
Attached Graphic
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 24 - TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS › Chapter 577 - GENERAL ADMINISTRATIVE DUTIES › Subchapter B - STAFF › Section 577.16 - Responsibilities of Board and Staff

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The Texas Board of Veterinary Medical Examiners is responsible for establishing
				  policies and promulgating rules to establish and maintain a high standard of
				  integrity, skills, and practice in the professions of veterinarians, licensed
				  veterinary technicians, and equine dental providers in accordance with the
				  Veterinary Licensing Act.
(b) The
				  board may employ an executive director to be responsible for administering
				  policies, rules, and directives as set by the board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 24 - TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS › Chapter 577 - GENERAL ADMINISTRATIVE DUTIES › Subchapter B - STAFF › Section 577.17 - Purchasing Protest Procedures

Current through Reg. 49, No. 28; July 12, 2024
The Board adopts by reference the rules promulgated by the
					 Texas Building and Procurement Commission regarding purchasing protest
					 procedures as set forth in Subchapter A of 1 TAC §
					 111.3.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 24 - TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS › Chapter 577 - GENERAL ADMINISTRATIVE DUTIES › Subchapter B - STAFF › Section 577.18 - Historically Underutilized Businesses

Current through Reg. 49, No. 28; July 12, 2024
In accordance with Texas Government Code §
										2161.003, the Board
					 adopts by reference the rules of the Comptroller of Public Accounts in 34 TAC
					 Part 1, Chapter 20, Subchapter B (relating to the Historically Underutilized
					 Business Program).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 24 - TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS › Chapter 577 - GENERAL ADMINISTRATIVE DUTIES › Subchapter B - STAFF › Section 577.20 - Employee Education and Training

Current through Reg. 49, No. 28; July 12, 2024
(a) The board may use state funds to provide
				  education and training for its employees in accordance with the State Employees
				  Training Act (Texas Government Code, §§
										656.041 -
				  656.104). To be
				  eligible for training and education supported by the board, an employee must:
(1) remain employed by the board for the
				  duration of the training or education;
(2) receive approval for the training or
				  education from the employee's supervisor; and
(3) accept the obligation to successfully
				  complete the education or training program.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 26 - TEXAS BOARD OF LICENSURE FOR PROFESSIONAL MEDICAL PHYSICISTS › Chapter 601 - MEDICAL PHYSICISTS › Section 601.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This chapter implements the provisions of the Texas Medical
				  Physics Practice Act (Act), Texas Occupations Code, Chapter 602, concerning the
				  regulation and licensure of medical physicists, in that:
(1) the Act is intended to protect the
				health, safety, and welfare of the citizens of this state from the harmful
				effects of excessive radiation; and
(2) the practice of medical physics is a
				threat to the public if conducted by incompetent persons.
(3) This chapter will protect the public from
				the dangers described by paragraphs (1) and (2) of this section by:
(A) establishing minimum standards of
				education, training, and competency for persons engaged in the practice of
				medical physics; and
(B) ensuring
				that the privilege of practicing in the field of medical physics is entrusted
				only to those persons licensed under the Act.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 26 - TEXAS BOARD OF LICENSURE FOR PROFESSIONAL MEDICAL PHYSICISTS › Chapter 601 - MEDICAL PHYSICISTS › Section 601.3 - The Board's Operations

Current through Reg. 49, No. 28; July 12, 2024
(a) Content.
				This section sets out the organization, administration, and other general
				policies governing the operation of the board.
(b) Officers.
(1) Presiding officer.
(A) The governor shall designate a member of
				the board as the presiding officer.
(B) The presiding officer shall be referred
				to as the chair.
(C) The chair
				shall preside at all board meetings at which he or she is in attendance and
				perform all duties prescribed by this chapter or the Act.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 26 - TEXAS BOARD OF LICENSURE FOR PROFESSIONAL MEDICAL PHYSICISTS › Chapter 601 - MEDICAL PHYSICISTS › Section 601.4 - Fees

Current through Reg. 49, No. 28; July 12, 2024
This section sets out the fees for licensure as a medical
				  physicist as prescribed by the board.
(1) The schedule of fees for licensure as a
				medical physicist is as follows:
(A)
				application processing and initial licensing fee:
(i) first specialty on initial
				application--$125;
(ii) additional
				specialties on initial application--$50 each;
(iii) additional specialties on subsequent
				applications--$75 each; and
(iv)
				upgrade of temporary license per specialty--$75;
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 26 - TEXAS BOARD OF LICENSURE FOR PROFESSIONAL MEDICAL PHYSICISTS › Chapter 601 - MEDICAL PHYSICISTS › Section 601.5 - Exemptions

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				sets out persons who are exempt from the Texas Medical Physics Practice Act
				(Act) and persons who must be licensed under the Act.
(b) Except as specifically exempted by
				subsection (c) of this section, the provisions of the Act and this chapter
				apply to any person who engages in the practice of medical physics.
(c) The Act and this chapter do not apply to:
(1) practitioners in the performance of
				radiological procedures;
(2) a
				person practicing under the Medical Radiologic Technologist Certification Act,
				(Texas Occupations Code, Chapter 601);
(3) persons who perform radiological
				procedures under a practitioner's instruction or supervision;
(4) persons performing beam calibration and
				characterization, quality assurance, instrument specification, acceptance
				testing, shielding design, or protection analysis on radiation-emitting
				equipment or radiopharmaceuticals for procedures not involved with the
				diagnosis or treatment of disease or other medical or dental conditions in
				humans; or
(5) a person employed by
				a federal or state regulatory agency who is performing duties within the scope
				of his or her employment.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 26 - TEXAS BOARD OF LICENSURE FOR PROFESSIONAL MEDICAL PHYSICISTS › Chapter 601 - MEDICAL PHYSICISTS › Section 601.6 - Application Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) General.
(1) Unless otherwise indicated, an applicant
				must submit all required information and documentation of qualifications on
				forms prescribed by the board.
(2)
				The board shall not consider an application as officially submitted until the
				applicant has paid the application fee.
(3) The executive secretary shall send a
				notice listing the required additional materials to an applicant who does not
				complete the application in a timely manner. An application that has not been
				completed within 30 days after the date of the notice may be
				invalidated.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 26 - TEXAS BOARD OF LICENSURE FOR PROFESSIONAL MEDICAL PHYSICISTS › Chapter 601 - MEDICAL PHYSICISTS › Section 601.7 - Reciprocity

Current through Reg. 49, No. 28; July 12, 2024
(a) Reciprocity.
				The board may waive any prerequisite for obtaining a medical physicist license
				to an applicant who holds a license to practice medical or radiological physics
				in another state, territory, or jurisdiction that has requirements for the
				licensing of medical or radiological physicists that are substantially the same
				as the requirements of the Act.
(b)
				Endorsement. The board may waive any prerequisite for obtaining a license to
				practice medical physics to a person who holds a license issued by another
				state, territory or jurisdiction with which this state has a reciprocity
				agreement. The board may make an arrangement, subject to the approval of the
				governor, with another state to allow for licensing by reciprocity.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 26 - TEXAS BOARD OF LICENSURE FOR PROFESSIONAL MEDICAL PHYSICISTS › Chapter 601 - MEDICAL PHYSICISTS › Section 601.8 - Licensure Qualifications

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Eligibility. To be eligible for a license, a person must:
(1) have an earned master's or doctoral
				degree:
(A) from a program of study in
				medical physics that is accredited by the Commission on Accreditation of
				Medical Physics Education Programs (CAMPEP);
(B) from a regionally accredited college or
				university in physics, medical physics, biophysics, radiological physics,
				medical health physics or equivalent courses; or
(C) from a regionally accredited college or
				university:
(i) in physical science
				(including chemistry), applied mathematics or engineering; and
(ii) have twenty semester hours (30 quarter
				hours) of upper division semester hour credit or graduate level physics
				courses, if offered:
(I) by the faculty of a
				Department of Physics and would be acceptable in meeting undergraduate or
				graduate degree requirements in physics of the offering department;
				or
(II) by the faculty of a program
				accredited in medical physics by the CAMPEP; or
(III) by the faculty of another science
				department and acceptable to the board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 26 - TEXAS BOARD OF LICENSURE FOR PROFESSIONAL MEDICAL PHYSICISTS › Chapter 601 - MEDICAL PHYSICISTS › Section 601.9 - Temporary License

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible
				for a temporary license, a person must meet the educational requirements set
				out in §
									601.8 of
				this title (relating to Licensure Qualifications).
(b) A temporary license shall be issued for
				each specialty for a one-year period.
(c) Each temporary license may be renewed
				annually up to three times. The licenses do not have to be for consecutive
				years.
(d) Subsequent renewals may
				be granted by the executive secretary if the licensee requests the renewal in
				writing prior to the expiration of the temporary license; and
(1) provides satisfactory evidence to the
				board that the renewal applicant has applied for or has been scheduled for
				examinations in the same specialty area for which renewal is requested. (The
				examination must occur during the period in which the renewal would be
				effective);
(2) provides
				satisfactory evidence to the board of continued efforts towards completion of
				an examination during the previous periods the licensee held a temporary
				license; and
(3) submits to the
				department the completed renewal form and the renewal fee.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 26 - TEXAS BOARD OF LICENSURE FOR PROFESSIONAL MEDICAL PHYSICISTS › Chapter 601 - MEDICAL PHYSICISTS › Section 601.10 - License Issuance and License Holder Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The board may issue a license to an
				eligible applicant if the applicant meets all license requirements under the
				Act and this chapter.
(b) A license
				certificate is the property of the board and must be surrendered on
				demand.
(c) A licensee shall
				display or make available the license in an appropriate manner.
(d) A licensee shall notify the board of any
				change in name, preferred mailing address, or place(s) of business or
				employment within 30 days of any change.
(1)
				Notification of changes shall be made in writing and be mailed to the executive
				secretary.
(2) Notification of name
				changes shall include a copy of a marriage certificate, court decree, or a
				social security card reflecting the change and the license replacement
				fee.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 26 - TEXAS BOARD OF LICENSURE FOR PROFESSIONAL MEDICAL PHYSICISTS › Chapter 601 - MEDICAL PHYSICISTS › Section 601.11 - License Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) General.
(1) The medical physicist license shall be
				valid through the licensee's birth month. The renewal date of a medical
				physicist license shall be the last day of the licensee's birth
				month.
(2) The renewal date of a
				temporary license shall be one year from the date of issuance.
(3) Each licensee is responsible for renewing
				a license in each specialty and paying the renewal fee before the expiration
				date and shall not be excused from paying penalty fees.
(4) The board may deny the renewal of a
				license if the licensee is in violation of or has violated the Act or this
				chapter.
(5) The board shall deny
				renewal if required by the Education Code, §
										57.491
				relating to defaults on guaranteed student loans.