Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012 Page: 6,884
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(j) [(k)] Exception for Care of Hospitalized Animals. A non-
veterinarian may, in the absence of direct supervision, follow the oral
or written treatment orders of a veterinarian who is caring for a hospi-
talized animal, so long as the veterinarian has examined the animal(s)
and a valid veterinarian-client-patient [-eterinarian/client/patient] rela-
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on August 20, 2012.
Texas Board of Veterinary Medical Examiners
Earliest possible date of adoption: September 30, 2012
For further information, please call: (512) 305-7563
22 TAC 573.19
The Texas Board of Veterinary Medical Examiners (Board) pro-
poses new 573.19, concerning Dentistry.
The proposed new rule defines dentistry, a term which is used in
801.002(7) of the Veterinary Practice Act, Texas Occupations
Code, in the definition of "veterinary medicine" as "veterinary
surgery, reproduction and obstetrics, dentistry, ophthalmology,
dermatology, cardiology, and any other discipline or specialty of
veterinary medicine." Under 801.251 of the Veterinary Practice
Act, "a person may not practice, or offer or attempt to practice,
veterinary medicine unless the person holds a license to prac-
tice veterinary medicine issued under this chapter." Thus, the
Veterinary Licensing Act holds that an unlicensed person may
not practice dentistry on an animal in Texas. The Veterinary Li-
censing Act does not, however, define "dentistry," so the Board
intends proposed new 573.19 to provide that definition.
The Board proposes the definition of dentistry with the intention
to allow unlicensed individuals to brush teeth of animals and su-
perficially clean the teeth of animals with gauze, cotton swabs,
or dental floss, while preventing unlicensed individuals from per-
forming any other more invasive treatment on an animal's teeth
or gums, including but not limited to using a periodontal scaler
on animal teeth to remove plaque or tartar.
The Board also proposes new 573.19 to consolidate the
Board's rules regarding dentistry into a single rule for clarity and
ease of reference for both licensees and the general public. Pro-
posed new 573.19 therefore includes a subsection describing
the scope of practice for equine dental providers that previously
appeared in 573.10, regarding the supervision of non-licensed
persons. The Board has proposed a parallel amendment to
573.10, which is also published in this issue of the Texas
Register, to remove the subsection on the scope of practice
for equine dental providers and to create cross-references to
proposed new 573.19. In the interests of clarity, proposed
new 573.19 also references the prohibition that appears in
573.10 forbidding unlicensed persons from performing any
invasive dental procedure as defined under 573.80, regarding
Nicole Oria, Executive Director, has determined that for each
year of the first five years that the proposed rule is in effect, there
will be no fiscal implications for either state or local government
as a result of the proposed rule. Moreover, Ms. Oria has deter-
mined that there will be no local employment impact as a result
of adoption of the proposed rule.
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 dentistry will be clarified and made more
easily 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 new 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 firstname.lastname@example.org. Comments will be accepted for
30 days following publication in the Texas Register
The new rule is proposed under the authority of the Veterinary
Licensing Act, Texas Occupations Code, 801.151(a), which
states that the Board may adopt rules necessary to administer
the chapter; 801.151(c)(1), which states that the Board shall
adopt rules to protect the public; and 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 appropriate level of
supervision of a veterinarian.
Texas Occupations Code, Chapter 801, is affected by this pro-
(a) Dentistry, a subset of the practice of veterinary medicine,
(1) The application or use of any instrument or device to
any portion of an animal's tooth, gum or any related tissue for the pre-
vention, cure or relief of any wound, fracture, injury or disease of an
animal's tooth, gum or related tissue; and
(2) Preventive dental procedures including, but not limited
to, the removal of calculus, soft deposits, plaque, stains or the smooth-
ing, filing or polishing of tooth surfaces.
(b) A non-licensed person may not perform any invasive den-
tal procedure, as defined in 573.80 of this title (relating to Definitions),
and as limited by subsection (d) of this section.
(c) Nothing in this regulation shall prohibit any person from
utilizing cotton swabs, gauze, dental floss, dentifrice, or toothbrushes
to clean an animal's teeth.
(d) The following treatments may be performed to an equid
by a licensed equine dental provider under general supervision by a
veterinarian, and by a non-licensed employee of a veterinarian under
direct supervision by the veterinarian:
(1) removing sharp enamel points;
(2) removing small dental overgrowths;
(3) rostral profiling of the first cheek teeth;
(4) reducing incisors;
(5) extracting loose, deciduous teeth;
37 TexReg 6884 August 31, 2012 Texas Register
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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/m1/66/: accessed October 17, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.