Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012 Page: 6,887
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termined that there will be no measurable effect on small busi-
nesses 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 firstname.lastname@example.org. 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
administer 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; 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
Texas Occupations Code, Chapter 801, is affected by this pro-
The following words and terms, when used in the Veterinary Licensing
Act (Chapter 801, Texas Occupations Code) or the Rules of the Board
(Texas Administrative Code, Title 22, Part 24, Chapters 571, 573, 575,
and 577 [57 - 577]) shall have the following meanings, unless the
context clearly indicates otherwise:
(1) Accepted livestock management practices--those prac-
tices involving animals raised or produced primarily for food, fiber, or
other products for human consumption, and may include the following:
(A) branding, tattooing, ear tags or identifying marks of
(B) tail docking, except cosmetic tail docking that is
performed for appearance purposes only;
(D) routine dehorning, except cosmetic dehorning that
reshapes or alters the poll area for appearance purposes;
(F) non-surgical assistance with birthing;
(G) implantation with approved implant products;
(H) administration of a biologic, except where re-
stricted by law to administration by a veterinarian, and not including
deworming by use of stomach tubing;
(I) artificial insemination;
(J) shoeing and trimming hooves; and
(K) application or administration of parasiticides, ex-
cept where restricted by law.
(2) Designated caretaker--a person to whom the owner of
an animal has given specific authority to care for the animal and who
has not been designated, by using the pretext of being a designated
caretaker, to circumvent the Veterinary Licensing Act (Chapter 801,
Texas Occupations Code) by engaging in any aspect of the practice of
veterinary medicine (including alternate therapies). A designated care-
taker who treats an animal for a condition that the animal was known
or suspected of having prior to the person being named a designated
caretaker, is presumed to be attempting to circumvent the Veterinary
Licensing Act unless the designated caretaker is following the instruc-
tion of a veterinarian and is under the appropriate level of supervision
per board rules. In this situation, the designated caretaker may present
evidence to rebut the presumption.
(3) Food production animals--any mammalians, poultry,
fowl, fish or other animals that are raised primarily for human food
(4) Biologic--any serum, vaccine, antitoxin, or antigen
used in the prevention or treatment of disease.
(5) Pregnancy testing--the diagnosis of the physical condi-
tion of pregnancy by any method other than the gross visual observation
of the animal.
(6) Invasive dentistry or invasive dental procedures--ex-
posing of the dental pulp, or performing extractions.
(7) Consultation--the act of rendering professional advice
(diagnosis and prognosis) about a specific veterinary medical case, but
does not include treatment or surgery.
(8) General Supervision--a veterinarian required to gener-
ally supervise a non-veterinarian must be readily available to commu-
nicate with the person under supervision.
(9) Direct Supervision--a veterinarian required to directly
supervise a non-veterinarian must be physically present on the same
premises as the person under supervision.
(10) Immediate Supervision--a veterinarian required to im-
mediately supervise a non-veterinarian must be within audible and vi-
sual range of both the animal patient and the person under supervision.
(11) Official Health Documents--any certificate attesting to
the health, vaccination status, physical condition and/or soundness of
(12) Specialist--a veterinarian that is a Board Certified
Diplomate of a specialty organization recognized by the American
Veterinary Medical Association.
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
CHAPTER 577. GENERAL ADMINISTRATIVE
SUBCHAPTER B. STAFF
22 TAC 577.15
The Texas Board of Veterinary Medical Examiners (Board) pro-
poses an amendment to 577.15, concerning Fee Schedule.
PROPOSED RULES August 31, 2012 37 TexReg 6887
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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/m1/69/: accessed June 25, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.