Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012 Page: 6,883
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Ms. Oria has also determined that for each year of the first five
years the rule is in effect, the anticipated public benefit is that the
Board's rules regarding supervision of non-veterinarians and the
rules regarding dentistry will be clarified and made more eas-
ily approachable for both licensees and the public. Ms. Oria
has determined that there will be no economic cost to individu-
als required to comply with the rule. Ms. Oria has determined
that there will be no measurable effect on small businesses and
micro businesses. There is no anticipated difference in cost of
compliance between small and large businesses.
The Board invites comments on the proposed amendment to the
rule from any member of the public. A written statement should
be mailed or delivered to Loris Jones, Texas Board of Veterinary
Medical Examiners, 333 Guadalupe, Ste. 3-810, Austin, Texas
78701-3942; by facsimile (FAX) to (512) 305-7574; or by e-mail
to email@example.com. Comments will be accepted for
30 days following publication in the Texas Register.
The amendment is proposed under the authority of the Vet-
erinary Licensing Act, Texas Occupations Code, 801.151(a),
which states that the Board may adopt rules necessary to ad-
minister the chapter; 801.151(b), which states that the Board
may adopt rules of professional conduct appropriate to establish
and maintain a high standard of integrity, skills and practice
in the veterinary medical profession; 801.151(c)(1), which
states that the Board shall adopt rules to protect the public;
801.151(c)(3), which states that the Board shall adopt rules to
ensure that equine dentistry is performed only by a veterinarian
who is active and in good standing or by a licensed equine
dental provider who is active and in good standing under the ap-
propriate level of supervision of a veterinarian; and 801.151(d),
which states that the Board may adopt rules regarding the work
of a person who works under the supervision of a veterinarian
and fulfills the requirements established by a Board-approved
organization for registered veterinary technicians.
Texas Occupations Code, Chapter 801, is affected by this pro-
573. 10. Supervision of Non-Licensed Persons.
(a) With appropriate supervision and after establishing a vet-
erinarian-client-patient relationship, a veterinarian may delegate vet-
erinary care and treatment duties to non-veterinarian employees, or to
the following independent contractors:
(1) licensed equine dental providers, in accordance with
573.19 of this title (relating to Dentistry) subsectionn (i) of this see-
(2) chiropractors, in accordance with 573.14 of this ti-
tle (relating to Alternate Therapies--Chiropractic and Other Forms of
(b) A veterinarian shall determine when general, direct, or im-
mediate supervision of a non-veterinarian's actions is appropriate, ex-
cept where such actions of the non-veterinarian may otherwise be pro-
hibited by law. A veterinarian shall consider both the level of training
and experience of the non-veterinarian when determining the level of
supervision and duties of non-veterinarians.
(c) A veterinarian is subject to discipline if he or she improp-
erly delegates care and/or treatment duties to a non-veterinarian, or fails
to properly supervise the non-veterinarian performing delegated duties.
(d) A non-veterinarian shall not perform the following health
(2) invasive dental procedures except as allowed for
licensed equine dental providers under 573.19 of this title [not
enumerated in subsection (i) of this section];
(3) diagnosis and prognosis of animal diseases and/or con-
(4) prescribing drugs and appliances.
(e) Euthanasia may be performed by a veterinary technician
only under the immediate supervision of a veterinarian.
(f) A non-veterinarian may administer a rabies vaccine only
under the direct supervision of a veterinarian, and only after the veteri-
narian has properly established a veterinarian-client-patient relation-
(g) The use of a veterinarian's signature stamp or electronic
signature pad on an official health document by a non-veterinarian shall
be authorized only under the direct supervision of the vaccinating vet-
(h) [Delegation to an PVT.] When feasible, a veterinarian
should delegate greater responsibility to a registered veterinary tech-
nician (RVT) registered by the Texas Veterinary Medical Association
[(RLT)] than to an unlicensed person that is not a RVT.
(1) Under the direct or immediate supervision of a veteri-
narian, an RVT may:
(A) suture to close existing surgical skin incisions and
skin lacerations; and
(B) induce anesthesia.
(2) The procedures authorized to be performed by an RVT
in paragraph (1) of this subsection may be performed by a non-RVT
[veterinarian] only under the immediate supervision of a veterinarian.
t(i) The following treatments may be performed by a licensed
equine dental prvtier under general supervision by a veterinarian and
by a non-licensed employee of a veterinarian under direct supervision
by the veterinarian:-
(() removing sharp enamel points;
(2) removing small dental overgrowths.
r-s3) atral proffing of the first hk teeth
(4) red teing ineisers-
(5) extracting loose deciduous teeth.
() rem ing supraginagival ea...4lel usj
(-7) extracting loose mobile or disease teeth or dental
fragments with minimal periodontal attachments by hand and without
the use of an elevater- and]
() remo g epte non-displaced wolf teeth
(i) [i)] Exception for Emergency Care. In an emergency situ-
ation where prompt treatment is essential for the prevention of death or
alleviation of extreme suffering, a veterinarian may, after determining
the nature of the emergency and the condition of the animal, issue treat-
ment directions to a non-veterinarian by means of telephone, electronic
mail or messaging, radio, or facsimile communication. The Board may
take action against a veterinarian if, in the Board's sole discretion, the
veterinarian uses this authorization to circumvent this rule. The veteri-
narian assumes full responsibility for such treatment. However, noth-
ing in this rule requires a veterinarian to accept an animal treated under
this rule as a patient under these circumstances.
PROPOSED RULES August 31, 2012 37 TexReg 6883
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Texas. Secretary of State. Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012, periodical, August 31, 2012; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth253227/m1/65/: accessed May 25, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.