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TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS

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<strong>TEXAS</strong> <strong>BOARD</strong> <strong>OF</strong> <strong>VETERINARY</strong> <strong>MEDICAL</strong> <strong>EXAMINERS</strong><br />

333 Guadalupe, Room 2-225<br />

Austin, Texas<br />

Tuesday, June 28, 2011<br />

9:00 A.M.<br />

The Texas Board of Veterinary Medical Examiners will consider and act, if necessary, on matters within<br />

the jurisdiction of the Board which are listed on this agenda. The Board may meet from time-to-time in<br />

executive session with respect to the agenda items as authorized by the Texas Open Meetings Act,<br />

Chapter 551 of the Government Code.<br />

1. Roll Call, and Vote on Absences<br />

2. Consideration and Approval of March 29, 2011 Minutes<br />

3. Citizen Comments<br />

4. Licensure Petitions<br />

a. Discussion, recommendation and possible action on petitions take the State Board Exam.<br />

1. Norman Ward, DVM<br />

b. Discussion, recommendation and possible action on petition(s) to waive the CCT and be<br />

allowed to take the Texas State Board Exam.<br />

1. Richard P. Asbury, DVM<br />

c. Discussion, recommendation and possible action on petition(s) to waive the NBE and the<br />

CCT and be allowed to take the Texas State Board Exam.<br />

1. E. Christopher Staley, DVM<br />

5. Consideration and approval of Agreed Orders.*<br />

6. Consideration and approval of Cease and Desist Orders.*<br />

7. Report from the Rules Committee<br />

a. Discussion, recommendation and possible action on rules to be proposed.<br />

1. §575.5 Subpoenas/Witness Expenses<br />

2. §575.25 Recommended Schedule of Sanctions<br />

3. §575.27 Complaints--Receipt<br />

4. §577.15 Fee Schedule<br />

5. §571.27 Disability Accommodations<br />

b. Discussion, recommendation and possible action on rules to be repealed.<br />

1. §573.17 Dentistry<br />

2. §575.26 Complaint Form


8. Discussion, recommendation and possible action on request from the Options for Animals –<br />

College of Animal Chiropractic to be approved/recognized as an acceptable provider of<br />

continuing education for Texas licensed veterinarians.<br />

9. Discussion, recommendation and possible action RACE approval process.<br />

10. Discussion, recommendation and possible action regarding approval of agency response to the<br />

Audit Report from the State Auditor’s Office.<br />

Discussion/Action Items to be considered at any time the full board is in session:<br />

11. Appointment of Rules Committee member.<br />

12. Appointment of Equine Dental Provider Advisory Committee.<br />

13. Discussion, recommendation and possible action regarding the establishment of a Continuing<br />

Education Committee.<br />

14. Executive Director’s Report<br />

a. Report On Health Professions Council Activities<br />

b. Report On 2011 License Renewal<br />

c. Report On State Board Exams<br />

1. April 11, 2011<br />

d. Operating Budget<br />

2. Status of FY 2011 Operating Budget<br />

e. Board Performance Update<br />

1. Enforcement Report<br />

2. Licensing And Examinations Report<br />

3. Peer Assistance Report<br />

f. Report on Discussions With Texas Veterinary Medical Association<br />

h. Update on legislation.<br />

*The Board may go into Executive Session on any legal matter presented on any of the above items<br />

pursuant to the Open Meetings Act.<br />

1. §551.071. Consultation With Attorney; Closed Meeting<br />

Executive session for private consultation and advice of counsel concerning pending or<br />

contemplated litigation or settlement offer and/or possible disciplinary action under the authority of<br />

the Open Meetings Act, GOVERNMENT CODE, §551.071; OCCUPATIONS CODE §801.407(d); and<br />

Attorney General's Opinion No. H-484.<br />

Page 2 of 3 Revised: 06/20/2011


2. §551.074. Personnel Matters; Closed Meeting<br />

Executive session to discuss matters involving the appointment, employment, evaluation, and salary<br />

of the Executive Director under the authority of the Open Meetings Act, GOVERNMENT CODE,<br />

Section 551.074.<br />

3. §551.088. Deliberations Regarding Test Item<br />

Executive session to discuss matters involving a test item or information related to a test item that<br />

may be included in an examination that the agency administers to applicants seeking licensure<br />

under the authority of the Open Meetings Act, GOVERNMENT CODE Section 551.088<br />

Persons requiring special accommodations, including the use of an interpreter, due to a disability should<br />

contact Loris Jones at the Board office at least five working days prior to the Board meeting.<br />

Las personas que necesiten servicios especiales, incluyendo los de un interprete, debido a un<br />

impedimento fisico, llamen a Loris Jones en la oficina de la Junta por lo menos cinco dias antes de la<br />

reunion de la Junta.<br />

Board Members:<br />

Bud E. Alldredge, Jr., DVM, President<br />

John Clader, DVM, Vice-President<br />

David Rosberg, Jr., DVM, Secretary<br />

Richard “Rick” Bonner, Jr.<br />

Janie Allen Carpenter, DVM<br />

Cynthia Diaz<br />

David Wayne Heflin, DVM<br />

J. Todd Henry, DVM<br />

Paul Martinez<br />

Page 3 of 3 Revised: 06/20/2011


Agenda Item 1<br />

Call To Order, Roll Call and Vote on Absences<br />

TAB 1<br />

This meeting of the Texas Board of Veterinary Medical Examiners is now called<br />

to order, the time is .<br />

May I have a roll call please.<br />

MEMBER NAME<br />

Bud E. Alldredge, Jr., D.V.M., President<br />

John Clader, DVM, Vice President<br />

David Rosberg, DVM, Secretary<br />

Richard “Rick” Bonner, Member<br />

Janie A. Carpenter, DVM, Member<br />

Cynthia Diaz, Member<br />

David W. Heflin, D.V.M.<br />

J. Todd Henry, DVM, Member<br />

Paul Martinez, Member<br />

If there are any absences…<br />

• Do I have a motion to approve the absences?<br />

• Is there a second?<br />

• Is there any discussion?<br />

(Any corrections should be addressed here.)<br />

• All in favor, say aye.<br />

• All opposed, say nay.<br />

ATTENDANCE NOTATION*<br />

*<br />

� = In Attendance X = Absent (Please indicate if Not Excused)


Agenda Item 2<br />

Consideration and Approval of March 29, 2011 Minutes.<br />

TAB 2<br />

The minutes of the March 29, 2011 meeting were mailed to you<br />

earlier for review.<br />

• Do I have a motion to approve the minutes?<br />

• Is there a second?<br />

• Is there any discussion?<br />

(Any corrections should be addressed here.)<br />

• All in favor, say aye.<br />

• All opposed, say nay.


<strong>TEXAS</strong> <strong>BOARD</strong> <strong>OF</strong> <strong>VETERINARY</strong> <strong>MEDICAL</strong> <strong>EXAMINERS</strong><br />

<strong>BOARD</strong> MEETING MINUTES<br />

March 29, 2011<br />

The Texas Board of Veterinary Medical Examiners met for a regularly scheduled meeting on<br />

Tuesday, March 29, 2011 in Room, #2-225 of the William P. Hobby, Jr. Building, 333 Guadalupe,<br />

Austin, Travis County, Texas. Bud Alldredge, D.V.M., President, called the meeting to order at<br />

8:31 a.m. Board Members present were, John Clader, D.V.M., Vice-President; David Rosberg,<br />

D.V.M., Secretary; Janie Carpenter, D.V.M., David Heflin, D.V.M., Dr. J. Todd Henry, D.V.M., and<br />

Mr. Paul Martinez. Board Staff present were: Dewey E. Helmcamp III, JD, Executive Director;<br />

Nicole Oria, General Counsel; Ina Franz, Director of Licensing; Keith Cole, Chief Fiscal Officer;<br />

Michael Miller, Acting Enforcement Director; and Loris Jones, Executive Assistant.<br />

Dr. Clader moved, Mr. Martinez seconded and the motion passed to approve the absence of<br />

Cynthia Diaz.<br />

Dr. Alldredge introduced Debbie Cullison as our new Legal Assistant and welcomed her to the<br />

agency.<br />

Agenda Item 2, Approval of Minutes. Dr. Heflin moved, Dr. Henry seconded and the motion<br />

passed to approve the minutes of the December 13, 2010 Board meeting.<br />

Agenda Item 3, Citizen Comments. Dr. Alldredge called for citizen comments. Ms. Courtney Bolin,<br />

Mr. Ken Roberson, and Dr. Cara Campbell addressed the Board. .<br />

Agenda Item 4, Licensure Petitions.<br />

a. Discussion, recommendation and possible action on petitions to take the State Board Exam.<br />

1. Alice A. Dodge, DVM. Dr. Dodge is a 2005 graduate of Texas A&M University College of<br />

Veterinary Medicine. Dr. Dodge has taken and passed both the NAVLE and the SBE and<br />

was issued Texas license number 10093 in May of 2005. Dr. Dodge’s Texas license was<br />

cancelled March 1, 2010 for failure to renew.<br />

Dr. Dodge has practiced veterinary medicine during the time that her license was<br />

cancelled. Board staff sent notification to the address of record for Dr. Dodge in 2009


Texas Board of Veterinary Medical Examiners<br />

Board Meeting Minutes<br />

March 29, 2011<br />

that she had failed to renew her license by March 1, 2009. Notification was sent again in<br />

2010 that she still had not renewed her license for 2009, that her fees for renewal in 2010<br />

were due and that her license is cancelled as of March 1, 2010, as required by law, unless<br />

she renews. Dr. Dodge failed to notify the Board that her address had changed therefore<br />

she did not receive these notifications. Dr. Dodge was made aware that her license was<br />

cancelled when she was notified by USDA that she could not update her accreditation<br />

with them as she did not hold a valid veterinary license. Dr. Dodge has maintained her<br />

DPS Controlled Substances Registration and CE requirements during the time that her<br />

license was cancelled.<br />

After discussion, Mr. Martinez moved, Dr. Clader seconded and the motion passed to<br />

approve Dr. Dodge’s petition to be allowed to take the State Board Examination within<br />

one year.<br />

Agenda Item 5 and 6, Consideration and Approval of Agreed Orders and Cease and Desist<br />

Orders. Dr. Rosberg moved, Dr. Heflin seconded, and the motion passed to approve the<br />

Agreed Orders on the following: Marvin Hare, DVM; Kenneth Stubblefield, DVM; Kevin Stehn,<br />

DVM; Aaron Spiegel, DVM; Ika Vlok, DVM; Justin Goebel, DVM; Lori J. Hill, DVM; Jeffrery Schall,<br />

DVM (2 Agreed Orders); Russell Donathan, DVM; John Wood, DVM; Kay Stephens, DVM; Victor<br />

Sancho, DVM; Robert Uselton, DVM; Karri McCreary, DVM; Rebecca Blackwood, DVM; Alfred<br />

Vardeman, DVM (2 Agreed Orders) and approve the Cease and Desist Orders on the following<br />

case numbers: 08-010, 09-220, 10-132, 10-430, and 10-051.<br />

Agenda Item 7, Discussion, recommendation and possible action on request by Randal K.<br />

Daniels, DVM to be allowed to renew his license as active. Ms. Oria presented the background<br />

on Dr. Daniels’ license being placed in inactive status and the requirement that he appear before<br />

the Board to present satisfactory evidence to establish that he is free of any illegal controlled<br />

substances. Dr. Daniels appeared and answered questions by the Board. After discussion, Dr.<br />

Page 2 of 7


Texas Board of Veterinary Medical Examiners<br />

Board Meeting Minutes<br />

March 29, 2011<br />

Heflin moved, Dr. Henry seconded and the motion passed to allow Dr. Daniels to renew his<br />

license as active with the following terms and conditions:<br />

1. Applicant enter into a two-year Peer Assistance Contract under the Board’s Peer<br />

Assistance Program. Applicant shall enter into the Peer Assistance contract prior to<br />

license renewal. Applicant shall follow all recommendations of the Peer Assistance<br />

Program Coordinator.<br />

2. Applicant must submit for approval, prior to commencing the practice of veterinary<br />

medicine, the name of a monitoring licensed veterinarian to the Executive Director of<br />

the Board.<br />

3. The approved monitor must submit a letter to the Board acknowledging that they<br />

have been made aware of the terms and conditions placed on Applicant’s license, and<br />

their responsibility to submit quarterly reports.<br />

4. Applicant must work under the general supervision of the approved monitor for a<br />

period of twelve (12) months.<br />

5. It is the responsibility of the Applicant to ensure that the approved monitor submits 4<br />

reports at quarterly intervals to begin 3 months from the date of active renewal and<br />

continuing for the term of this order regarding Applicant’s proficiency and attesting to<br />

Applicant’s:<br />

a. Adherence to the laws and rules;<br />

b. Veterinary skills; and<br />

c. Proper record keeping.<br />

Agenda Item 8, Report from the Rules Committee. Ms. Oria presented the rules that were up<br />

for adoption.<br />

a. Discussion, recommendation, and possible action on rules to be adopted. The following<br />

changes to Board rules were proposed at the December 13, 2010 Board meeting and<br />

were considered for adoption:<br />

i. §573.17, Dentistry<br />

ii. §577.15, Fee Schedule<br />

Page 3 of 7


Texas Board of Veterinary Medical Examiners<br />

Board Meeting Minutes<br />

March 29, 2011<br />

The following members of the public signed up and spoke regarding the proposed adoption<br />

of Board Rule §573.17, Dentistry: Peter Rakestraw, DVM; Cleet Griffin, DVM; Lori Teller,<br />

DVM; James Hard, Bill Howard, DVM; and Chris Copeland. Dr. Heflin requested that the vote<br />

on this item be delayed to later in the day.<br />

After discussion by the Board, Dr. Rosberg moved, Dr. Clader seconded and the motion<br />

passed to adopt the amendments to Board Rule §577.15 as presented.<br />

b. Discussion, recommendation, and possible action on Adoption of Chapter 571 Rule<br />

Review:<br />

After discussion, Dr. Clader moved, Dr. Rosberg seconded and the motion passed to adopt<br />

the repeal and replacement of Chapter 571.<br />

c. Petitions for Rulemaking.<br />

Michael Nicolazzo, DMD appeared and discussed his petition for rulemaking relating to<br />

vaccinations and informed consent for vaccinations. After discussion, Dr. Rosberg moved,<br />

Dr. Clader seconded and the motion passed to deny the petition for rulemaking.<br />

Agenda Item 9, Discussion, recommendation and possible action on request from the Chi<br />

Institute of Chinese Medicine to be approved/recognized as an acceptable provider of<br />

continuing education for Texas licensed veterinarians. Mr. Helmcamp discussed the<br />

background on the reason the Chi Institute of Chinese Medicine is seeking this approval. After<br />

discussion, Dr. Heflin moved, Dr. Henry seconded and the motion passed with Dr. Rosberg<br />

voting no to grant the Chi Institute of Chinese Medicine approval and recognition as an<br />

acceptable provider of continuing education for Texas licensed veterinarians for 2011.<br />

Page 4 of 7


Texas Board of Veterinary Medical Examiners<br />

Board Meeting Minutes<br />

March 29, 2011<br />

Agenda Item 10, Discussion, recommendation and possible action on request from the Options<br />

for Animals – College of Animal Chiropractic to be approved/recognized as an acceptable<br />

provider of continuing education for Texas licensed veterinarians. Ms. Franz and Mr.<br />

Helmcamp presented the request for approval. After discussion, Dr. Heflin moved, Dr.<br />

Carpenter seconded and the motion passed to table this discussion until the next regularly<br />

scheduled meeting and to direct staff to request additional information, specifically regarding<br />

any requests to become RACE approved.<br />

Agenda Item 11, Future Board meeting dates. The Board directed staff to combine the regularly<br />

scheduled meetings of September and December into an October meeting due to budget<br />

constraints.<br />

Agenda Item 8(a)(1) continued. After further discussion, Dr. Heflin moved, Dr. Clader seconded<br />

and the motion passed to adopt the new rule §573.17, Dentistry with the discussed non-<br />

substantive changes. After further discussion, Dr. Rosberg moved, Mr. Martinez seconded and<br />

the motion passed to set the effective date for this rule as July 1, 2011.<br />

Agenda Item 13, Executive Director’s Report.<br />

a. Report on Health Professions Council (HPC) Activities. Mr. Helmcamp gave a<br />

brief update on HPC activities, specifically the discussion on the consolidation bills<br />

that have been filed by the legislature.<br />

b. Report on 2011 License Renewals. Ms. Franz discussed the renewals as of March<br />

16, 2011.<br />

c. Report on State Board Exams. Ms. Franz discussed the results of the December 6,<br />

2010 State Board Exam, noting the 97% pass rate.<br />

d. Status of FY2011 Operating Budgets. Mr. Cole gave a brief overview of the<br />

FY2011 budget. Mr. Helmcamp noted that the agency would have to make a lump<br />

sum payment for Mr. Hartline’s vacation time due to his retirement.<br />

e. Board Performance Update.<br />

Page 5 of 7


Texas Board of Veterinary Medical Examiners<br />

Board Meeting Minutes<br />

March 29, 2011<br />

1. Enforcement Report: Mr. Miller discussed the Enforcement side of the agency<br />

and noted that there has been a trend of increased number of complaints.<br />

2. Licensing and Examinations Report. Ms. Franz discussed the statistics related to<br />

Licensing and Examinations. As of March 14, 2011 we had 7,404 licensed<br />

veterinarians in all categories.<br />

3. Peer Assistance Report: Mr. Helmcamp mentioned that there are currently<br />

fifteen veterinarians under the Peer Assistance program.<br />

f. Report on discussion with Texas Veterinary Medical Association. Mr. Helmcamp<br />

mentioned that discussions with the TVMA have been ongoing and continue to be<br />

productive.<br />

g. 2011-2012 NAVLE State Letter of Agreement between TBVME and NAVLE. Mr.<br />

Helmcamp noted that he has reviewed, signed and returned the current Letter of<br />

Agreement.<br />

h. Update on Legislation. Mr. Helmcamp discussed legislation that the agency is<br />

tracking.<br />

13. Discussion, recommendation and possible action regarding the employment and evaluation<br />

of the Executive Director.<br />

Dr. Clader moved and Mr. Martinez seconded and the motion passed to go into Executive<br />

Session at 1:45 p.m. for private consultation and advice of counsel concerning settlement<br />

offers, and/or disciplinary action under the authority of the Open Meetings Act, Government<br />

Code, §551.071 and Occupations Code §801.407(d); and Attorney General's Opinion No. H-484;<br />

and to deliberate the appointment, employment, evaluation, reassignment, duties, discipline,<br />

or dismissal of a public officer or employee under the authority of the Open Meetings Act,<br />

Government Code, §551.074. Open session resumed at 4:15 p.m. and it was announced that no<br />

action was taken. A certified agenda was made.<br />

Page 6 of 7


Texas Board of Veterinary Medical Examiners<br />

Board Meeting Minutes<br />

March 29, 2011<br />

Dr. Alldredge presented the following options to Mr. Helmcamp in regards to his employment<br />

with the Texas Board of Veterinary Medical Examiners:<br />

1. Probation<br />

2. Termination<br />

3. Resignation<br />

After discussion, Dr. Rosberg moved and Mr. Martinez seconded to place Mr. Helmcamp on<br />

probation for three months and re-evaluate in June 2011. Dr. Rosberg and Mr. Martinez voted<br />

in favor of the motion, Dr. Carpenter, Dr. Clader, Dr. Heflin, and Dr. Henry voted against the<br />

motion and the motion failed. Dr. Heflin moved and Dr. Henry seconded to terminate the<br />

employment of Mr. Helmcamp. Dr. Carpenter, Dr. Clader, Dr. Heflin and Dr. Henry voted in<br />

favor of the motion, Mr. Martinez and Dr. Rosberg voted against the motion and the motion<br />

passed to terminate Mr. Helmcamp’s employment.<br />

Dr. Alldredge directed staff to immediately post the position of the Executive Director and to<br />

leave the Director of Enforcement position open until such time as a new Executive Director is<br />

chosen and that person is able to provide input on the hiring of the new Director of Enforcement.<br />

Dr. Heflin moved, Dr. Clader seconded and the motion passed to allow the Board President to<br />

name an Interim Executive Director and to set the salary for that position not to exceed the<br />

statutory amount.<br />

There being no further business, the meeting was adjourned at 4:42 p.m.<br />

Page 7 of 7


Agenda Item 3<br />

Citizen Comments<br />

TAB 3<br />

If there is anyone in the audience who wishes to address the Board<br />

and has not completed one of the Witness Cards, please do so at this<br />

time.<br />

Individuals wishing to comment on the rules to be adopted will be<br />

recognized during the time when the rules are addressed.<br />

The Board will now recognize _________________, please limit your<br />

comments to 3 minutes.


EXECUTIVE SESSION TO DISCUSS APPLICANTS, AGREED ORDERS,<br />

LITIGATION, PERSONNEL MATTERS, TEST ITEMS, AND POSSIBLE<br />

TERMINATION <strong>OF</strong> SUSPENSION ORDERS.<br />

I move that we go into Executive Session for:<br />

private consultation and advice of counsel concerning pending or<br />

contemplated litigation or settlement offer and/or possible disciplinary action<br />

under the authority of the Open Meetings Act, GOVERNMENT CODE, §551.071;<br />

OCCUPATIONS CODE §801.407(d); and Attorney General's Opinion No. H-484.<br />

to deliberate the appointment, employment, evaluation, reassignment,<br />

duties, discipline, or dismissal of a public officer or employee.<br />

to deliberate a test item or information related to a test item that may be<br />

included in a test the Board administers to individuals who seek to obtain or<br />

renew a license.<br />

RETURN TO OPEN SESSION STATEMENT:<br />

There was no final action, decision, or vote with regard to any matter<br />

considered or discussed in executive session. The executive session ended at<br />

(____) on (____). A certified agenda of the executive session was made.


Agenda Item 4<br />

Licensure Petitions<br />

a. Discussion, recommendation and possible action on petitions to take the<br />

Texas State Board Exam.<br />

Norman Ward, DVM<br />

TAB 4<br />

Dr. Ward is a 1984 graduate of Purdue University. He has taken and passed the NBE and CCT,<br />

the two national examinations. Dr. Ward has held a license in Arizona, Indiana, Kentucky and<br />

Illinois. Based on information submitted, only his Arizona license is active at this time. The other<br />

licenses have been terminated. His license in Arizona has been sanctioned, and he was on<br />

probation for a period of time. According to a phone call from the Executive Director of the<br />

Arizona Board, Ms. Jenna Jones, he has fulfilled the terms of his probation. The veterinary<br />

board in Illinois reprimanded Dr. Ward, based on his probation with the Arizona Board.<br />

Upon applying to this agency to be able to take the Texas State Board Examination for licensing,<br />

Dr. Ward submitted explanations as to several occurrences during his practice of veterinary<br />

medicine in Arizona. The information was reviewed by the licensing staff, as well as the legal<br />

staff. The information and material submitted is confusing and contradicts itself at times. Staff<br />

believes that it is in the best interest of the public to bring petitioner before the board to<br />

answer questions the members may have in regard to the aforementioned sanctions and<br />

issues. Should the board be satisfied with his explanations, staff request that the members vote<br />

favorably to allow him to take the Texas State Board Examination for licensing in this State.


Explanatory note to IV. Personal Background, 1. (a):<br />

Five years ago, on 2/16/2007, I was reprimanded by the Arizona Veterinary Medical<br />

examining Board and put on 6 months probation.<br />

3/27/11<br />

When my wife Susan Googled my name, we cringed when we realized there was a<br />

mention about a "Disciplinary Action" in the State of Illinois site. While no one wants to<br />

remember bad moments (Lectures on practice management often say that 99% of your<br />

problems will come from 1 % of your clients and this one was certainly an unexpected<br />

and unwelcome example of such a client), this "setting" finally gives me a public voice to<br />

explain what happened, an opportunity I have not had prior to now.<br />

Following a chemical trespass poisoning to our property and to our selves, we tried to<br />

keep the clinic running as best as we could. Susan got the worst of the exposure,<br />

resulting in acute, followed by chronic neurological and pulmonary problems. I was left<br />

to try to run the clinic and meet all of its needs without her assistance. This was a<br />

daunting task, as she was the founder, administer and jack of all trades of the hospital.<br />

Susan tried to help out as best she could, but she experienced worsening health concerns<br />

from the poisoning that in time lead to the discovery in Mayo Hospital that she had three<br />

unprovoked pulmonary emboli. She was hospitalized for this serious concern and I spent<br />

much time at the hospital, as she was not expected to live.<br />

During this crisis, my staff was instructed to cancel or reschedule all appointments with<br />

existing clients and to temporarily suspend any appointments for new clients. However,<br />

the staffwas intimidated into giving an appointment (without my knowledge or consent)<br />

to a new client, who urgently wanted to be seen by us, claiming that they had been<br />

referred to us by a doctor "who was on the Veterinary Board." This was the one time I<br />

had to leave her side, while she was at the hospital.<br />

I found my new patient to be a very sweet but depressed middle aged female dog that had<br />

a roll of material wrapped around its abdomen, covering a very large ulcerated and rotten<br />

mass in the area of a mammary gland, which I presumed to be breast cancer. The<br />

husband and wife agreed to an initial work up that included blood work and radiographs.<br />

X-rays of the lungs showed no obvious spread of cancer to that area. They declined<br />

further studies including an abdominal ultrasound and recommended biopsies. After a<br />

discussion of the case, they declined other options such as euthanasia, insisting we<br />

proceed with the surgical option. They agreed to the projected estimate and we prepared<br />

for surgery.<br />

Surgery was successful and uneventful, in spite of the extensive size of the mass. The<br />

surgical closure was excellent and the medicines given up until then did not require any<br />

additional measures in my opinion, as evident from the dog's attitude and examining the<br />

post surgical area. The patient recovered well and was qnite comfortable. On


discharging the patient, I discussed follow up care with the owner, who asked for pain<br />

medicine for the next few days. I pointed to her dog, who now was "bright eyed and<br />

bushy tailed", obviously greatly improved from the depressed patient I had seen on<br />

arrival and I told her that in my opinion her dog did not require any medicines.<br />

On her continuing insistence however, I donated (no charge) to her some tablets for pain<br />

control, even though I did not think: it was necessary and advised her of this. A few days<br />

later my bank advised me that the check that was given to our clinic for the costs of the<br />

exam, lab work and surgery had bounced. When I saw the owner a short time later to<br />

remove the sutures, she was quite happy in her dog's continued improvement, lDleventful<br />

healing and admitted that the donated to her pain medicines had not even been used.<br />

When she was asked to correct the bad check she had presented to us, she made proruises<br />

to pay us. However repeat inquiries by phone and finally by letter were met with silence.<br />

I contacted the Arizona District Attorney's Office regarding the bad check and followed<br />

their procedures to document the collection process and eventually filled a formal<br />

complaint to the District Attorney office regarding the bad check.<br />

Next I received a letter stating that a complaint had been filled to the Better Business<br />

Bureau by this family and again soon later I received a notice that they had filled a<br />

complaint to the Arizona State Veterinary Board. Apparently, even if it is a financial<br />

complaint, the State Board must pursue any and every complaint, no matter how<br />

frivolous it may be. I had found out later on, through my representation, having to<br />

"defend" myself to the Board, that this husband and wife couple was in fact habitual<br />

complainers to the Vet Board, who apparently hopped from vet to vet, looking for yet<br />

another "victim". I imagine that they hedged their bets, after receiving medical services;<br />

would not pay the doctor and would threaten to complain so they could get away with yet<br />

another non-payment, because most doctors just do not want the nightmare and the time<br />

and effort to have to defend themselves.<br />

The "only" fault the Board could come up with in this "complainf' was the fact that I sent<br />

home an outdated product. I had supporters in the Board from some of the lay members<br />

and from another veterinarian, but not from some others, who took the letter of the law<br />

literarily to chastise me for "dispensing" an out of date medicine. Even though I had not<br />

sold the pain pills, giving it away at no charge, even though I had direct information from<br />

the manufacturer that this particular pain control drug was still effective and safe beyond<br />

the official expiration date (it had expired just a week of so previous to my dispensing the<br />

medicine), even though it had not even been used by the client; this is what they made as<br />

a matter of "record" for Disciplinary Action.<br />

On of the lay women on the vet board, openly stated to me in sympathy that "no good<br />

deed goes unpunished". The State of Illinois, even though I never practiced for a second<br />

in that state, made it part of their own public record simply due to the fact that Arizona<br />

and lllinois have a "sister" relationship with each other, and the fact that I had held an<br />

Illinois license years previously.


In spite of following proper legal proceedings, I have yet to receive even a single penny<br />

from this couple. I just have this nnhappy reminder on the web, which some people will<br />

try to take advantage of others, learn to "use the system" and will try to punish people<br />

who try to help them and to save their dog's life.<br />

As an aside, in 1984 upon graduation from Purdue, I applied for licenses in multiple<br />

states and qualified for some that I never used, including Illinois and Maryland. In my<br />

State of Arizona, the above event came and went pretty much without notice. However,<br />

even though I have never practiced in Illinois, the reprimand was reported to Illinois as a<br />

sister state, where they chose to do their own investigation and invited me to travel to<br />

lllinois to defend myself again. With my gravelly ill wife and now suffering clinic, I<br />

declined their offer. They came to the same conclusion as Arizona, but unlike Arizona,<br />

chose to publish their findings on the web, where it remains to this day. I requested that I<br />

be allowed to attach my own statement of explanation, but such request was denied.<br />

Explanatory note to IV. Personal Background, 1. (b):<br />

Subsequent to the Chemical Trespass to our selves and our property, we filled a lawsuit<br />

against the company that applied the chemicals as well as BASF who was responsible for<br />

at least one of the subsequently identified toxic chemicals we were exposed to.<br />

Unfortunately, this lengthy and costly process never ended up in court and the case fell<br />

apart and was dismissed.


Ina Franz<br />

From:<br />

Sent:<br />

To:<br />

Ina Franz<br />

Monday, May 23, 2011 9:50 AM<br />

'HolisticAnimaICenter@comcast.net'<br />

Subject: RE: Dr. Norman Ward wants status on SBE app for August<br />

Dear Doctor Ward:<br />

Your e-mail was forwarded to me fora response. As I have been out of the office until today, I was unable to respond<br />

until now and appreciate your patience.<br />

Perhaps you recall our telephone conversation on April 25 th . During this conversation, we discussed the issues with the<br />

Arizona board as well as others to which you referred during our conversation. We did indeed receive a call from the.<br />

executive director of the Arizona board, however, the only thing she confirmed is that you have complied with the order<br />

issued in regard to the disciplinary action in 2005. You were to submit additional information to me, in writing,<br />

regarding other issues. You may recall that during our conversation that day, I explained to you that we may have to<br />

take you before the board depending on your explanations of the Illinois disciplinary action which we have yet to<br />

receive. Also, in your application, you referred to a 2007 situation which is completely different from the Arizona order<br />

issued in 2005. You were to submit more details about that, which has also not been received. The next board meeting<br />

is scheduled for June 2S th , as I stated during our telephone conversation. At this time, the incomplete status of your file<br />

does not allow me to place it on our meeting agenda. Should I receive the additional material by June 1 st and if there is<br />

still a need to bring you before the board after our General Counsel reviews the additional material, we will inform you.<br />

At this time, we cannot schedule you for the August exam, as we do not know if your request for a license has to be<br />

brought before the board.<br />

Thank you and please let me know if you have additional questions.<br />

Ina Franz<br />

InaA. Franz<br />

Director, Licensing & Examination Division<br />

Texas Board of Vet eli nary Medical Examiners<br />

(512)305-7558<br />

(512)305-7556 (fax)<br />

._-------_._--...... _--<br />

From: HolisticAnimaICenter@comcast.net [mailto:HolisticAnimaICenter@comcast.net]<br />

Sent: Wednesday, May 18, 2011 10:34 AM<br />

To: vet.board@tbvme.state.tx.us<br />

Subject: August exam<br />

Good Morning,<br />

Please review my current application to see if all is in order for my being able to take the August Texas SBE.<br />

Your earlier advisement stated that a response is required from me regarding my earlier Arizona disciplinary<br />

action. I believe the director of the AZ Veterinary Board called your office directly regarding my current and<br />

ongoing good standing.<br />

I also responded with a brief explanatory note regarding that medical records violation. Is this sufficient or do<br />

you need a more detailed explanation?<br />

If anything more is required of me in order for my application to be complete, please let me know so that I can<br />

comply in time.<br />

1


Sincerely,<br />

Norman Ward, DVM<br />

2


Ina Franz<br />

From:<br />

Sent:<br />

To:<br />

Subject:<br />

Ina Franz<br />

Wednesday, June 01, 2011 7:34 AM<br />

'HolisticAni maICenter@comcast.net'<br />

RE: getting back regarding the issues mentioned on the phone<br />

Thank you, Dr. Ward. I'll add this to the information we received via mail and present it to our legal Counsel for further<br />

action. Please also note that as of this date, we have not received any information from Illinois. Even if you no longer<br />

hold a license in that State, a license verification form/letter is required. We accept Illinois' form for these matters.<br />

I will inform you of the legal Counsel's decision as soon as possible.<br />

Have a great day!<br />

Ina Franz<br />

Ina A. Franz<br />

Director, Licensing & Examination Division<br />

Texas Board of Veterinary Medical Examiners<br />

(512)305-7558<br />

(512)305-7556 (fax)<br />

From: HolisticAnimaICenter@comcast.net [mailto:HolisticAnimaICenter@comcast.netj<br />

Sent: Tuesday, May 31, 2011 2:41 PM<br />

To: ina franz<br />

Subject: getting back regarding the issues mentioned on the phone<br />

Dear Ms. Franz,<br />

I recognize that this has been a confusing matter. The crux of the matter is that [had originally connected the wrong dots,<br />

partly as a result of the date that pops up if one does some sort of search on me. The date that pops up in error is 2007,<br />

via the State of Illinois regarding "Disciplinary Action in Another State." I was reporting on my memory of my<br />

experience about that time, which was a time of great turmoil, as my life had pretty much fallen apart in 2005. There<br />

were two issues that went before the AZ Board in 2005. One was because of a complaint filed by Berez, and the second<br />

was a complaint filed by Berman. The Berez complaint was dismissed, except for records keeping violations. The<br />

Berman complaint was dismissed, with no violations and no discipline action, but I didn't remember it that way, so I<br />

connected the wrong dots. And this is where the confusion began. I failed to mention the "real" case because I<br />

remembered it as a non-issue, and I mistakenly made an issue of the dismissed case because my experience of that case<br />

was so traumatic that I gave it too much weight in my memory. I will try to unravel the confusion, and I hope this makes<br />

sense to you.<br />

The first complaint, Berez, was found to be without merit, but there were record keeping violations discovered during the<br />

investigation, and for these I was placed on 6 months probation and spent 4 hours at a local emergency clinic reviewing<br />

their record keeping procedures. This is the "Medical Record Violation: (2005)" referred to in my SBE Addendum. I am<br />

thinking that this information should have been included in Section IV, Question I. (a), regarding being a party to a<br />

proceeding regarding the practice of veterinary medicine. Arizona refers to this as Case No. 05-34. I have attached a<br />

copy ofthis case, and explained it in the SBE Addendum.<br />

What was burned into my soul was the Berman complaint, from the personal perspective that this complaint was entirely<br />

unfair, from beginning to end. It also stood out in my memory because of the emotion!!l impact of having to leave my<br />

wife's bed side, when she wasn't expected to survive. This complaint was addressed to the AZ Vet Board about the same<br />

time, towards the end 0[2005. This was the low point of my life. I had closed my clinic, because I couldn't run it alone,<br />

and shortly afterwards I was about to move into a tent in the desert because my property was stilI poisoned and we were<br />

1


oth advised to stay off of our land. We had filed a civil case regarding the chemical trespass to our property (referred to<br />

on the original application as being party to civil legal proceedings, which never made it to Court). During this time of<br />

turmoil, the Berman complaint was heard and dismissed, period. However, this was close to the time of the Berez<br />

complaint and at that hearing I was reminded of the still current probation. As such, I connected the wrong dots going<br />

forward, and I was under the false impression that I was on probation because of the Berman complaint. Therefore, in my<br />

application I gave an explanation of the Berman complaint, thinking that this was the major issue of my career. What<br />

never made sense to me was that I knew that I didn't do anything wrong. There were no violations, period. Still, this is<br />

what I was reporting because I thought that they thought that I had done something wrong, and I falsely remembered<br />

being disciplined for it.<br />

It was only when I called the AZ Vet Board a couple of weeks ago, to try to figure out why I didn't seem to be on the<br />

same page as everyone else, that I learned once and for all that this Berman issue was a non-issue. It should not have<br />

been on the original application and I did not put it on the Addendum for the same reason. Perhaps I have misinterpreted<br />

the instructions and I should be referring to this also? Technically speaking, one could say that I was a party in an<br />

administrative hearing, but since it was dismissed and thrown out, do you want it included anyway?<br />

The AZ Vet Board was of the impression that I should only be referring to actual disciplinary action in the applications<br />

and this is what they report when asked. During the recent call with them I learned that the two disciplinary actions that<br />

they report are the Berez case, already referred to in the Addendum and what I also reported on the Addendum as "Failure<br />

to renew a license in a timely manner: (2003)". This is also attached. Again, this is where I was connecting the wrong<br />

dots. I had no idea that this was an issue until a couple of weeks ago. I thought that this was an administrative error.<br />

Actually, it was an administrative error, and I treated it as such, but according to the AZ Vet Board, this was Case No. 03-<br />

14. This is properly explained in the Addendum.<br />

What added an undue amount of confusion to what was already a reporting of the "wrong dots" was that we had recently<br />

discovered that the State of Illinois had published to the web a reference to the 2005 Berez case as my being disciplined in<br />

another state, but they dated their report as 2007. As the Berman complaint was the one that stood out in my memory,<br />

and since this was the last time that I had been before the Board, I was confused and thought that they were referring to<br />

that case, quite literally the case that never was. To make matters worse, I blindly copied their date of2007, thinking that<br />

ifthey said so, it must be true. So, with the wrong date and the wrong complaint, I tried to "explain" what I thought was<br />

behind the disciplinary action that I had received in Arizona, in 2005.<br />

This is one of those "Who's on first, who's on second" scenarios. My original letter of explanation on the application<br />

begins with the words: "Five years ago, on 2116/2007, I was reprimanded by the Arizona Veterinary Medical examining<br />

Board and put on 6 months probation." I was mindlessly and stupidly repeating a date I got from the State of Illinois, but<br />

this never happened. I don't know how to take these words back. I don't know where this date came from. However, I<br />

have ascertained that the State of Illinois reported in 2007 the disciplinary action of2005, giving the impression of<br />

additional actions, plus I thought they were referring to the Berman complaint, but they were refering to this same 2005<br />

disciplinary action, it being the Berez case. This was what I was trying to explain on the phone, but I may not have<br />

referred to it by name. In my original application, I was mistakenly referring to the Berman non-case, thinking that this<br />

was the only case. On the phone with you, you mentioned two issues with Arizona disciplinary actions and in trying to<br />

think of what might have been the second issue, I thought this might be the Berez case, which I didn't think of as an issue<br />

at the time. Actually it was the issue with Arizona. On the phone with you, I was referring to two cases: Berez and<br />

Berman, falsely thinking that these were the two issues. But you were referring to "something else" and I couldn't<br />

imagine what that something else might be. In retrospect, it should have been the 2003 issue of not renewing my license<br />

on time, but it could have been my saying, in error, that I had been disciplined in 2007.<br />

I know the above is confusing, and it certainly makes me look like a fool, which in this regard I am, but I am a good<br />

doctor, and competent where it matters most. What I hope I have properly shined a light on in the above is that, officially,<br />

I have had two events in my career which resulted in disciplinary actions: The failure to renew my license in a timely<br />

matter and the record keeping violations, both explained in the Addendum and both official documents being attached. I<br />

do hope that I will hear back that you have what you need now to decide. If there is anything that still isn't clear in my<br />

explanations, I would probably be at a loss for words. Please let me know either way.<br />

Best regards,<br />

2


Norman Ward<br />

3


Ina Franz<br />

From: Ina Franz<br />

Sent:<br />

Tuesday, May31, 20119:18AM<br />

To:<br />

'HolisticAnimaICenter@comcast.net'<br />

Subject: RE: Dr. Norman Ward wants status on SBE app for August<br />

Good Morning, Dr. Ward:<br />

Thank you for your e-mail. As previously mentioned, the Arizona Board forwarded information to us. However, during<br />

our telephone conversation, you discussed two other issues which you were to explain. Your explanatory note did not<br />

explain the issues you mentioned to me on the phone, hence the confusion. Please note that I need the details, as<br />

explained, by no later than the end of this week, June 3,d, or I can't get your request on the board's meeting agenda,<br />

should there be a need to do so.<br />

If you have any questions, please let me know.<br />

Have a great day!<br />

Ina<br />

InaA. Franz<br />

Director, Licensing & Examination Division<br />

Texas Board of Veterinary Medical Examiners<br />

(512)305-7558<br />

(512)305-7556 (fax)<br />

From: HolisticAnimaICenter@comcast.net [mailto:HolisticAnimaICenter@comcast.netJ<br />

Sent: Saturday, May 28, 2011 11:25 AM<br />

To: Ina Franz<br />

Subject: Re: Dr. Norman Ward wants status on SBE app for August<br />

Dear Ina,<br />

Thank you SO MUCH for the opportunity to correct my initial explanatory note. I contacted my Board to find<br />

out precisely what the topics of concern are and have so responded accordingly. I hope this is OK.<br />

I am also following with an official paper submission via the mail if you may require that form instead of the<br />

email route.<br />

Best Regards,<br />

Norman Ward, DVM<br />

1


ACADEMIC TRANSCRIPT<br />

NORMAN JASON WARD<br />

BIRTHDATE FEB. 04, 1952<br />

PURDUE UNIVERSITY<br />

WEST LAFAYETTE, IN 47907·2040 CLASS <strong>OF</strong> 2000<br />

8.0<br />

5.0<br />

4.0<br />

12.0<br />

2:0<br />

5.0<br />

5.0<br />

12.0<br />

12.0<br />

82.0<br />

SUMMERSEssib0".. D<br />

495·. SMALL ANIMAL: SURGERY<br />

486 . DIAGNOSTIC RADIOLOGY'<br />

485:' CLINIC"MICRO P-ATH"NECR',<br />

GRD 4;14·,?9.0369.0SEM<br />

1983-1984<br />

LAC 485,<br />

LAC 495<br />

V M 410<br />

V M 487 RAD.rOLOGYCLERKSHIP,<br />

GRD ' 4,20·101':0:<br />

1983-.-1984<br />

SAC 485<br />

SAC 486<br />

", SA


1 BEFORE THE ARIZONA STATE<br />

2 <strong>VETERINARY</strong> <strong>MEDICAL</strong> EXAMINING <strong>BOARD</strong><br />

3<br />

4<br />

5 In the Matter 0 f:<br />

6 NORMAN WARD, D.V.M.<br />

7 Holder of License No. 3127<br />

8 For the Practice of Veterinary Medicine)<br />

10 Respondent.<br />

11 -------------------------------------------------)<br />

12<br />

)<br />

)<br />

)<br />

<strong>BOARD</strong> NO. 05-34<br />

CONSENT AGREEMENT<br />

13 For the purposes of a prompt settlement of the above-captioned matter, consistent<br />

14 with the public interest, statutory requirements and responsibilities of the Arizona State<br />

15 Veterinary Medical Examining Board ("Board"), and as authorized by A.R.S. § 41-<br />

16 1092.07 (F)(5), Norman Ward, D.V.M. ("Respondent"), holder of License No. 3127 to<br />

17 practice veterinary medicine in the State of Arizona, and the Board enter into this<br />

18 Consent Agreement, Findings of Fact, Conclusions of Law, and Order as a [mal<br />

19 disposition of the matter.<br />

20 CONSENT AGREEMENT<br />

21 Respondent understands that:<br />

1


1 1. Any record prepared in this matter, all investigative materials prepared or<br />

2 received by the Board concerning the allegations, and all related materials and exhibits<br />

3 may be retained in the Board's file pertaining to this matter.<br />

4 2. Respondent has the right to a formal administrative hearing at which time<br />

5 he can present evidence and cross examine any of the State's witnesses. Respondent<br />

6 hereby irrevocably waives his right to such a formal hearing concerning these allegations<br />

7 and irrevocably waives his right to any rehearing or judicial review relating to the<br />

8 allegations contained in this Consent Agreement.<br />

9 3. Respondent has the right to consult with an attorney prior to entering into<br />

10 this Consent Agreement.<br />

11 4. The findings contained in the Findings of Fact portion of this Consent<br />

12 Agreement are conclusive evidence ofthe facts stated herein and may be used for<br />

13 purposes in determining sanctions in any future disciplinary matter.<br />

14 5. This Consent Agreement is subject to approval by the Board, and will be<br />

15 effective only when the Board accepts it. In the event the Board in its discretion does not<br />

16 approve this Consent Agreement, this Consent Agreement is withdrawn and shall be of<br />

17 no evidentiary value, nor shall it be relied upon or introduced in any disciplinary action<br />

18 by any party hereto, except that Respondent agrees that should the Board reject this<br />

19 Consent Agreement and this case proceeds to hearing, Respondent shall assert no claim<br />

20 that the Board was prejudiced by its review and discussion of this document or of any<br />

21 records relating thereto.<br />

22 6. Respondent further understands that this Consent Agreement, once<br />

23 approved and signed, shall constitute a public record document which may be publicly<br />

2


1 disseminated as a fonnal action of the Board.<br />

2 DATED this;U day of ?)---t/-L... ,2005.<br />

fJ<br />

3<br />

4<br />

5 Nonnan Ward, D.v.M.<br />

6 The Board issues the following Findings of Fact, Conclusions of Law and Order:<br />

7<br />

8 FINDINGS <strong>OF</strong> FACT<br />

9 1. Respondent is the holder of License No. 3127 issued on November 11, 1993<br />

10 and is therefore authorized to practice the profession of veterinary medicine in the State<br />

11 of Arizona.<br />

12 2. On October 11, 2004, ''Nikki'' a thirteen year-old, female Australian Shepherd<br />

13 mix was presented to Respondent for a routine acupuncture treatment. The dog was<br />

14 treated with aqua-puncture and released but became lame three hours later. The record<br />

15 did not record the amount and dosage of Lidocaine administered.<br />

16 3. Respondent examined the dog on 10112/04 for lameness of the left rear leg.<br />

17 Respondent recommended blood work and the owner requested the routine acupuncture<br />

18 treatment. The blood work was taken and the acupuncture performed.<br />

19 4. Respondent's records indicate the dog had been in for previous treatments<br />

20 including 7/3/02, 7/22/02, and 7129/02 but the medical records did not reflect a<br />

21 temperature, heart rate or respiration rate. During a visit on 3115/03 the heart rate and<br />

22 respiration rate were not recorded.<br />

3


\<br />

I 5. During a visit on 3/31/01 Aquapuncture was perfonued but the amount and<br />

2 dosage of the Lidocaine administered was not recorded in the medical record.<br />

3 CONCLUSIONS <strong>OF</strong> LAW<br />

4 I. The Arizona State Veterinary Medical Examining Board has jurisdiction over this<br />

5 matter pursuant to AR.S.§32-2201, et seq.<br />

6 2. The conduct and circumstances described in paragraphs 2 and 5 of the<br />

7 Findings of Fact constitute a violation of AR.S.§32-2232 (21), as it relates to A.A.C. R3-<br />

----------- ------ ------- -------- ---- ------- - -----<br />

8 11-502 (J)(6), for failure to document the amount and dosage of Lidocaine in the medical<br />

9 record.<br />

10 3. The conduct and circumstances described in paragraph 4 ofthe Findings of<br />

II Fact constitute a violation of AR.S. § 32-2232 (21), as it relates to AAC. R3-11-502<br />

12 (J)(4), for failure to record the temperature, heart rate or respiration rate.<br />

13 ORDER<br />

14 Based upon the foregoing Findings of Fact and Conclusions of Law, it is ordered<br />

15 placing Respondent's License No. 3127 held by Respondent on PROBATION for six (6)<br />

16 months, subject to the following tenus and conditions:<br />

17 I. Respondent shall spend a minimum of four (4) hours at the Emergency Animal<br />

18 Clinic in Phoenix with an emphasis on reviewing their medical record keeping systems<br />

19 and provide the Board written documentation supporting his attendance.<br />

20<br />

4


1<br />

2<br />

3<br />

In the matter of:<br />

BEFORE THE ARIZONA STATE<br />

<strong>VETERINARY</strong> <strong>MEDICAL</strong> EXAMINING <strong>BOARD</strong><br />

CASE NUMBER 03-14<br />

4<br />

Norman Ward, D.V.M.<br />

CONSENT AGREEMENT<br />

Veterinary Medical License No. 3127 FINDINGS <strong>OF</strong> FACT<br />

5<br />

CONCLUSIONS <strong>OF</strong> LAW<br />

____________ -1 AND ORDER<br />

6<br />

7 In the interest of a prompt and speedy settlement of the above captioned matter,<br />

8 consistent with the public interest, statutory requirements and the responsibilities of the Arizona<br />

9 Stllte Veterinary Medical Examining Board ("Board"), and pursuantto A.R.S. Sections 41-1061<br />

10 (D), the undersigned parties enter into this Consent Agreement as a final disposition of this<br />

11 matter.<br />

12 The Board has considered all information and investigative materials concerning this<br />

13 matter. The Board makes the following Findings of Fact, Conclusions of Law and Order.<br />

14<br />

15<br />

FINDINGS <strong>OF</strong> FACT<br />

16<br />

17 1. Norman Ward, D.V.M. ("Dr. Ward") is the holder of veterinary medical license<br />

18<br />

number 3127 issued by the Board, which permits him to practice the profession of<br />

19<br />

veterinary medicine in the State of Arizona.<br />

20 2. . Dr. Ward failed to renew his veterinary premise license, number R326, during the<br />

21<br />

2002-2003 renewill cycle.<br />

22 3. Dr. Ward failed to renew his veterinary license, number 3127, during the 2002-<br />

23<br />

2003 renewal cycle.<br />

24 5. Dr. Ward continued to practice veterinary medicine in the State of Arizona<br />

25 without a valid veterinalY license.<br />

26 Based on the consent, the waiver of hearing and the Findings of Fact, the Board makes<br />

27 the following Conclusions of Law.<br />

28


State of Illinois - License Look-up Results Page 10f1<br />

Division of wtiII'W'. .com<br />

Professional Regulation Pat Quinn, Governor<br />

Start a New Search Printer Friendly View<br />

SEARCH FOR LICENSEE BY PR<strong>OF</strong>ESSION:<br />

Veterinarian, Licensed<br />

THERE ARE 1 RECORDS WHOSE NAME CONTAINS: N Ward<br />

Original<br />

Licensee's DBA/ License License<br />

Current Ever<br />

City, State Issue<br />

Name AKA Number Status<br />

Exprtn Discplned?<br />

Date<br />

NOT LOUISVILLE,<br />

NORMAN) WARD 090005221<br />

07/27/198401/31/1985 @<br />

RENEWED KY<br />

-<br />

[lJ<br />

Express Access License Look-Up has been approved for use as a primary<br />

source for verification by<br />

the Joint Commission of Accreditation of Healthcare Organizations and<br />

the National Committee for Quality Assurance.<br />

If the "Ever Discplned" column contains a "V," there has been disciplinary<br />

action taken against this license. Click on the "V" to view details of the<br />

disciplinary action. If you wish to view comprehensive reports in Adobe<br />

Acrobat format for disciplines that occurred after September 1996, click<br />

HERE. The Illinois Department of Professional Regulation publishes a<br />

monthly report detailing disciplinary' action taken by the Department. Each<br />

Disciplinary Report is a listing of all licenses disciplined by the Department<br />

within a given month. The information includes the licensee's name, the<br />

discipline imposed and a brief description of the reason for the discipline. All<br />

Monthlv Disciplinarv Reports are accurate on the date of issuance or initial<br />

date of publication. However, disciplinary actions may be subject to further<br />

court orders that may stay, affirm, reverse, remand or otherwise alter<br />

Department disciplinary orders. Please note that discipline which has been<br />

reversed by court order will not appear in this summary of discipline.<br />

Click here for definitions of the different types of disciplinary actions the<br />

Department may impose.<br />

NOTE: This license look-up is accurate for the current license status, but due<br />

to computer conversions, the original issuance date may be in error. If the<br />

issuance date shown is 01/01/1997, this is a computer generated date, not<br />

the original issuance date. For original issuance dates, please contact the<br />

Department.<br />

http://www.idfpr.comlDPRIlicense1ookup/results.asp 4/2512011


State of Illinois<br />

Department of Financial and Professional Regulation<br />

Division of Professional Regulation<br />

320 W. Washington St., 3rd Floor, Springfield, IL 62786<br />

ATTENTION<br />

The attached document is an official<br />

State ofIllinois<br />

Licensure certification/verification, prepared by the<br />

Illinois Department of Financial and Professional Regulation.<br />

This certifies that the named individual has met all of the<br />

education/examination requirements by law in order to<br />

receive the credential that is being verified ...<br />

The Department has eliminated specific<br />

examination status from certifications/verifications<br />

of licensure. as passage of an examination is a<br />

requirement for licensure.<br />

This information is the ONLY certification<br />

information provided by this Department. If other information is<br />

needed. it MUST be obtained from the applicant.<br />

THANK YOU


PATQUlNN<br />

Governor<br />

Illinois Department of Financial and Professional Regulation<br />

Division of Professional Regulation<br />

CERTIFICATION<br />

BRENT E. ADAMS<br />

Secretary<br />

JA" STEWART<br />

Director<br />

Division of Professional Regulation<br />

I, Jay Stewart, Director of the Division of Professional Regulation, do hereby certify<br />

that I have been designated by the Secretary of the Department of Financial and<br />

Professional Regulation of the State of Illinois, as the keeper of its records and Seal.<br />

Such document(s) attached hereto are certified copies of the records maintained and<br />

kept by this Department in the regular course of business as of today's date.<br />

IN WITNESS WHERE<strong>OF</strong>, I have set my hand and Seal ofthe Department of<br />

Financial and Professional Regulation at Springfield, Sangamon County, Illinois,<br />

this h day of ----->.\N\.u...


· '#<br />

STATE <strong>OF</strong> llLINOIS<br />

DEPARTMENT <strong>OF</strong> FINANCIAL AND PROPESSIONAL REGULATION<br />

DIVISION <strong>OF</strong> PR<strong>OF</strong>ESSIONAL REGULATION<br />

DEPARTMENT <strong>OF</strong> FINANCIAL<br />

AND PR<strong>OF</strong>ESSIONAL REGULATION<br />

of the State of illinois, Complainant,<br />

v.<br />

Norman Ward, D.V.M.<br />

Ucense No. 90005221<br />

Respondent.<br />

CONSENT ORDER<br />

)<br />

)<br />

)<br />

) No. 200507103<br />

)<br />

)<br />

)<br />

The Department of Financial and Professional Regulation, Division of Professional<br />

Regulation [hereinafter referred to as the Depamnent, by Lou Mago, one of its attorneys, and<br />

Norman Ward, D.V.M, Respondent, hereby agree to the folloWing:<br />

STIPULATIONS<br />

Norman Ward, Respondent, D.V.M is a licensed Veterinarian in the<br />

State of lllinois. holding license No. 90005221. That said license is in 'Non-renewed' status,<br />

having expired on Janumy 31, 1985. At all times material to the matter set forth in this Consent<br />

Order, the Depamnent had jurisdiction over the subject matter and parties herein in the State of<br />

Dlinois.<br />

Information has come to the attention of the Depamnent that on June 29, 2005,<br />

the Arizona Veterinmy Medical Examining Board took disciplinmy action, which placed the<br />

Respondent's license to pmctice as a Veterinarian in the State of Arizona on PROBATION FOR a<br />

period of six (6) months. That such disciplinary action was taken by the Arizona Veterinmy<br />

Medical Examining Board, as a result of several alleged veterinmy practice related violations ,<br />

more specifically referred to in the Arizona Veterinmy Medical Examining Board June 29, 2005<br />

Page 1 of4


,.<br />

';<br />

disciplinary order under paragraphs 2-5 of the Findings of Fact section of said Order [A copy of<br />

the June 29, 2005 Disciplinary Order from Arizona Veterinary Medical Examining Board is<br />

attached hereto and made part hereof as the Department's Exhibit 'A']. The Department<br />

acknowledges that the Respondent has provided written proof from the Arizona Veterinary<br />

Medical Examining Board that as of October 24, 2005, the Respondent had satisfactorily<br />

completed the terms and conditions of the Arizona Veterinary Medical Examining Board's<br />

June 29, 2005 disciplinary order and that Respondent's license to practice as a Veterinarian in the<br />

State of Arizona has been returned to active status.<br />

The allegation(s) as set forth herein, if proven to be true would constitute grounds for the<br />

Department to revoke, suspend, or otherwise discipline the Respondent's lllinois license to practice<br />

veterinary medicine, arising under the authority of the lllinois Veterinary Medicine and Surgery<br />

Practice Act of 2004 225 ILCS 115/25(K)(2004).<br />

As a result of the foregoing allegation(s), the Respondent was informed by<br />

a June 19, 2006 letter from Lou Mago, Attorney for the Department, of such allegation(s) and the<br />

recommended discipline resulting from the June 29, 2005 Order from the Arizona Veterinary<br />

Me.dical Examining Board. :on March 20, 2006, Georgianne Ludwig, D.V.M, a member of the<br />

lllinois Veterinary Licensing and Disciplinary Board, was consulted by Lou Mago, the attorney<br />

on behalf of the Department; as to the recommended discipline referred to under the 'Conditions'<br />

section of this Consent Order.<br />

The Respondent admits that the allegations of the Department are true. The Respondent<br />

has fully cooperated during all stages of the proceedings.<br />

Page2of4


•<br />

Respondent has. been .advised of the right to have the pending allegation(s) reduced to<br />

written charges, the right to a hearing, the right to contest any charges brought, and the right to<br />

administrative review of any Order resulting from a hearing. Respondent knowingly waives each of<br />

these rights, as well as any right to administrative review of this Consent.Order.<br />

Respondent acknowledges that pursuant to the illinois Veterinary Medicine and Surgery<br />

Practice Act of 2004, grounds for disciplinary action exist. Respondent does not wish to contest the<br />

issue.<br />

Respondent and the Department have agreed, in order to resolve this matter that<br />

Respondent be permitted to enter into a Consent Order with the Department, providing for the<br />

imposition of disciplinary measures which are fair and equitable in the circumstances and which are<br />

consistent with the best interests of the people of the State of lllinois.<br />

D.V.M. agree:<br />

CONDITlONS<br />

WHEREFORE, the Department, through Lou Mago, its attorney, and Norman Ward.<br />

A. That as of the effective date of this Consent Order, the Illinois Veterinarian<br />

License (#90005221) is hereby REPRIMANDED.<br />

B. This Consent Order shall become effective immediately after the Director of the<br />

Department approves it.<br />

Page 3 of4


I<br />

2<br />

3<br />

4<br />

5 In the Matter of:<br />

6 NORMANWARD,D.V.M.<br />

BEFORE THE ARIZONA STATE<br />

<strong>VETERINARY</strong> <strong>MEDICAL</strong> EXAMINING <strong>BOARD</strong><br />

7 Holder of License No. 3127 )<br />

8 For the Practice of Veterinary Medicine)<br />

9 In the State of Arizona )<br />

10 Respondent.<br />

11 -------------------------------------------------)<br />

12<br />

)<br />

)<br />

<strong>BOARD</strong> NO. 05-34<br />

CONSENT AGREEMENT<br />

13 For the purposes of a prompt settlement of the above-captioned matter, consistent<br />

14 with the public interest, statutory requirements and responsibilities of the Arizona State<br />

15 Veterinary Medical Examining Board ("Board"), and as authorized by A.R.S. § 41-<br />

16 1092.07 (F)(5), Norman Ward, D.V.M. (''Respondent''), holder of License No. 3127 to<br />

17 practice veterinary medicine in the State of Arizona, and the Board enter into this<br />

18 Consent Agreement, Findings of Fact, Conclusions of Law, and Order as a final<br />

19 disposition of the matter.<br />

20 CONSENT AGREEMENT<br />

21 Respondent understands that:<br />

1 ,<br />

EXHIBIT<br />

DPR,<br />

#-A-


1 J. Any record prepared in this matter, all investigative materials prepared or<br />

2 received by the Board concerning the allegations, and all related materials and exhibits<br />

3 may be retained in the Board's file pertaining to this matter.<br />

4 2. Respondent has the right to a formal administrative hearing at which time<br />

5 he can present evidence and cross examine any of the State's witnesses. Respondent<br />

6 hereby irrevocably waives his right to such a fQrmal hearing concerning these allegations<br />

7 and irrevocably waives his right to any rehearing or judicial review relating to the<br />

8 allegations contained in this Consent Agreement.<br />

9 3. Respondent has the right to consult with an attorney prior to entering into<br />

10 this Consent Agreement.<br />

11<br />

12<br />

13<br />

14<br />

15<br />

16<br />

17<br />

18<br />

19<br />

20<br />

21<br />

22<br />

23<br />

4. The fmdings contained in the Findings of Fact portion of this Consent<br />

Agreement are conclusive evidence of the facts stated herein and may be used for<br />

purposes in determining sanctions in any future disciplinary matter.<br />

5. This Consent Agreement is subject to approval by the Board, and will be<br />

effective only when the Board accepts it. In the event the Board in its discretion does not<br />

approve this Consent Agreement, this Consent Agreement is withdrawn and shall be of<br />

no evidentiary value, nor shall it be relied upon or introduced in any disciplinary action<br />

by any party hereto, except that Respondent agrees that should the Board reject this<br />

Consent Agreement and this case proceeds to hearing, Respondent shall assert no claim<br />

that the Board was prejudiced by its review and discussion of this document or of any<br />

records relating thereto.<br />

6. Respondent further understands that this Consent Agreement, once<br />

approved and signed, shall constitute a public record document which may be publicly<br />

2


I 5. During a visit on 3/3110 I Aquapuncture was performed but the amount and<br />

2 dosage of the Lidocaine administered was not recorded in the medical record.<br />

3 CONCLUSIONS <strong>OF</strong> LAW<br />

4 I. The Arizona State Veterinary Medical Examining Board has jurisdiction over this<br />

5 matter pursuant to A.R.S.§32-2201, et seq.<br />

6 2. The conduct and circumstances descn'bed in paragraphs 2 and 5 of the<br />

7 Findings of Fact constitute a violation of A.R.S.§32-2232 (21), as it relates to A.A.C. R3-<br />

8 11-502 (J)(6), for failure to document the amount and dosage of Lidocaine in the medical<br />

9 record.<br />

10 3. The conduct and circumstances described in paragraph 4 of the Findings of<br />

II Fact constitute a violation of A.R.S. § 32-2232 (21), as it relates to A.A.C. R3-11-502<br />

12 (J)( 4), for failure to record the temperature, heart rate or respiration rate.<br />

13 ORDER<br />

14 Based upon the foregoing Findings of Fact and Conclusions of Law, it is ordered<br />

15 placing Respondent's License No. 3127 held by Respondent on PROBATION for six (6)<br />

16 months, subject to the following terms and conditions:<br />

17 1. Respondent shall spend a minimum of four (4) hours at the Emergency Animal<br />

18 Clinic in Phoenix with an emphasis on reviewing their medical record keeping systems<br />

19 and provide the Board written documentation supporting his attendance.<br />

20<br />

4


-­<br />

ARmiJ! a."'ld Plan!<br />

HeattlII1SpeCiion<br />

'"""'"<br />

Washlng\Ol;'t. DC<br />

20:150<br />

Dr. Norman J. Ward<br />

5250 N Oracle Road, Apt 27<br />

Tucson, AZ 85704<br />

Dear Dr. Ward:<br />

031231201 I<br />

Thank you for eJecting to continue participating in the National Veterinary Accreditation<br />

Program (NY AP) as a Category I veterinarian.<br />

Please keep this letter as proof of your confinnation 10 participate in the NV AP. Your<br />

new National Accreditation Number is 034288<br />

Your initial acaeditation renewal date is 0413012013. Please note that your first renewal<br />

date may be longer than 3 years because we are randomly staggering the first assignment<br />

of renewal dates.<br />

Enclosed you win find a fact sbeet and frequently asked questions. Please also review<br />

the enclosed summary of the data we gathered from your recent applieation. If you find<br />

any inaccuracies. noti.fy NV AP using the contact infoimation below:<br />

USDA APHIS Veterinary Services<br />

National Veterinary Accreditation Program<br />

4100 River Road. Unit 64<br />

Riverdale, MD 20737<br />

301-734-NVAP (6827)<br />

nvap@aphis.usda.gov<br />

www.3pbis.usda.gov/nvapl<br />

Thank you again for yom participation.<br />

Sincerely,<br />

Federal Relay SeI'Vice<br />

(VOiceITTY/ASCIIISpanish)<br />

1-8Q0.877-8339


Agenda Item 4<br />

Licensure Petitions<br />

b. Discussion, recommendation and possible action on petition(s) to waive<br />

the CCT and be allowed to take the Texas State Board Exam.<br />

Richard P. Asbury, DVM<br />

TAB 5<br />

Dr. Asbury is a 1981 graduate of the Ohio State University. He took and passed the NBE in 1981,<br />

but the CCT was not offered.<br />

Since graduation, Dr. Asbury has practiced small animal medicine in Virginia. In 1985, he was<br />

informally sanctioned by the Virginia board. There have been no further occurrences based on<br />

information received from Virginia. The State of Virginia requires that a practitioner obtains a<br />

minimum of 15 hours of continuing education on an annual basis. Dr. Asbury has met or<br />

exceeded this requirement.<br />

Dr. Asbury requests that the CCT is waived and that he is allowed to take the Texas State Board<br />

Examination to earn a license to practice in the State of Texas.


RICHARD ASBURY<br />

1185 CREST RIDGE<br />

BEDFORD, VA 24523-3272<br />

lCG703673<br />

RICHARD ASBURY<br />

09/30<br />

Copies: 01<br />

STANDARD REQUEST


VIRGINIA:<br />

<strong>BOARD</strong> <strong>OF</strong> <strong>VETERINARY</strong> MEDICINE,<br />

v.<br />

BEFORE THE STATE <strong>BOARD</strong> <strong>OF</strong> <strong>VETERINARY</strong> MEDICINE<br />

Complainant,<br />

RICHARDb.., ASBURY, D.V.M.,<br />

Respondent.<br />

CONSENT ORDER<br />

Following an informal conference held on February 15, 1985, pursuant to<br />

Sections 9-6.14:11 and 54-786.5 of the Code of Virginia (1950), as amended,<br />

which conference was properly noticed and attended by the parties hereto, the<br />

Virginia Board of Veterinary Medicine (hereinafter "the Board") and<br />

Richard D. Asbury, D.V.M., enter into the following consent order.<br />

FINDINGS <strong>OF</strong> FACT<br />

1. Richard D. Asbury, D.V.M., holds license number 1992 issued by the<br />

Virginia Board of Veterinary Medicine, entitling him to practice veterinary<br />

medicine in the Commonwealth.<br />

2. On or about September 24, 1984, Dr. Asbury rendered treatment in the<br />

form of administering Centrine, Diathal, and Nemex to a puppy, "Teddy,"<br />

owned by Mr. and Mrs. Clifton S. Middleton, Jr., without performing adequate<br />

diagnostic tests.<br />

CONCLUSIONS <strong>OF</strong> LAW<br />

Finding of Fact number 2 is a violation of Section 54-786.4(6) and (8)<br />

of the Code of Virginia (1950), as amended, and Regulation l5(E) of the<br />

Board of Veterinary Medicine.


Agenda Item 4<br />

Licensure Petitions<br />

c. Discussion, recommendation and possible action on petition(s) to waive<br />

the NBE and the CCT and be allowed to take the Texas State Board Exam.<br />

E. Christopher Staley, DVM<br />

TAB 6<br />

Dr. Staley is a 1982 graduate of the Oklahoma State University. The NBE and CCT were offered<br />

at the time. Petitioner states that he took and passed both examinations. Extensive research<br />

conducted by the Texas State Board licensing department, in conjunction with the American<br />

Association of Veterinary State Boards and the Oklahoma State Board, does not reveal any<br />

evidence of Dr. Staley having taken nor obtained a passing score on either exam. Scores from<br />

1992 were found, but he did not earn a passing score on either examination. Details are<br />

attached.<br />

Dr. Staley holds a veterinary license in New Mexico, Maryland and Pennsylvania. He is currently<br />

practicing in New Mexico. Annually, 15 hours of CE must be earned in order to maintain the<br />

New Mexico license. Dr. Staley has also published several abstracts. Details are attached.<br />

Dr. Staley is petitioning the Board to waive the NBE and CCT and the NAVLE. The passing of the<br />

two old national examinations OR the new national exam, the NAVLE, are prerequisites. If the<br />

Board waives the necessity of the petitioner having to take and pass the required national<br />

examinations, the members need to also vote to allow him to take the Texas State Board<br />

Examination for licensing without having the required passing national exam scores.


This email is intended only for the use of the individual or entity to which it is addressed and may contain information that is<br />

privileged, confidential and exempt from disclosure under applicable law. If the reader of this email message is not the intended<br />

recipient, or the employee or agent responsible for delivery of the message to the intended recipient, you are hereby notified that<br />

any dissemination, distribution or copying of this communication is prohibited. If you have received this email in error, please notify<br />

us immediately by telephone at (816) 931-1504. Thank you.<br />

From: Ina Franz [mailto:inaJranz@tbvme.state.tx.usl<br />

Sent: Tuesday, March 22, 2011 7:57 AM<br />

To: Megan Pope<br />

Subject: RE: EC Staley, DVM<br />

Good Morning, Megan:<br />

It sounds like you spent a lot of time on this issue. One can't ask for more. Seriously, you may have found all there is to<br />

find, no matter what he says.<br />

He'll have to go before the board, that's all there's to it.<br />

The board meeting is June 13 th • If you find anything else on him, I would appreciate a note to bring me up-to-date.<br />

Thanks again for all of your efforts on behalf of Dr. Staley.<br />

Ina<br />

Ina A. Franz<br />

Director, Licensing & Examination Division<br />

Texas Board of Veterinary Medical Examiners<br />

(512)305-7558<br />

(512)305-7556 (fax)<br />

--_._._-_._---_.<br />

From: Megan Pope [mailto:MPope@aavsb.orgl<br />

Sent: Monday, March 21, 2011 4:56 PM<br />

To: Ina Franz<br />

Cc: Jessica Haendler<br />

Subject: RE: EC Staley, DVM<br />

Hi Ina,<br />

Please don't feel like you are bothering me with this issue -the issue itself is bothersome to me, too! I'm sorry I didn't<br />

respond right away, but I'm still working on it and usually don't like to report back until I have all the facts. At this rate<br />

that may take some time. I'm really frustrated that we weren't able to find his OK scores, and have asked Jessica if she<br />

can think of anything else we might be able to look into.<br />

We've confirmed with MD and PA that he was licensed in their states based on reciprocity from NM. PA went so far as to<br />

say that his license verification from NM showed he was "licensed there following a successful examination in February<br />

of 1993." I previously attributed this to the exam he took two months prior to that (his 1992 CO scores), but I have<br />

emailed Fran withe NM board to verify which specific scores they used. Both PA and MD acknowledged that they had<br />

no record of OK exams.<br />

Our records show that we did research in 2007 on this issue and at that time were unable to confirm scores with OK. It's<br />

possible they didn't maintain records if he was never licensed there. He was born in OK and attended Oklahoma State<br />

University so it's definitely a possibility he tested there, but unless he sought licensure they may not have kept scores for<br />

him. I went back through our score records for OK from 1979-1984 (FYI, Dr. Staley graduated from OSU in 1982 and<br />

believes he took the exam after graduation). 1979-1980 do not have rosters with names, so if the OK board has no<br />

record of his exam and the dr is unable to supply a candidate ID number, those scores could not be verified. It's unlikely<br />

he took the exams that early, however, since he graduated in 1982. The rosters from 1981-1984 all have named rosters<br />

for the NBE, and he is not on any of them, under any combination/misspelling of his names. Exams after 1984 are stored<br />

in our database, which turns up no information for Dr. Staley (in any state, under a variety of spellings) except for the CO<br />

exams. I still plan to follow up with OK to see what their record keeping was like in 1982 and if they can shed any new<br />

light on this.<br />

2


Dr. Staley mentioned to me in an email last Wednesday evening that he thought we had verified his oK scores when we<br />

transferred his scores to MD approximately 6 years ago. We have no record of ever sending scores to MD on his behalf.<br />

The only other score report we have sent out (other than to you) was to CA in 2007. Their website shows no record of<br />

licensure, and he did not include any information about a CA license in his application. Notes for that service from 2007<br />

said we were unable to verify his OK scores. We faxed a score report of his CO scores to CA with a note about the<br />

unconfirmed OK scores. I suspect he was denied licensure at that time, and saw no need to follow up with them since<br />

they wouldn't have any new information regarding scores.<br />

Hopefully this helps clarify some of the research we have done (and some of the follow ups I need to do). I will touch<br />

base with Dr. Staley as well to see if he has any other useful information, but at this point unfortunately the facts just<br />

aren't working for him. I will follow up with you tomorrow or later this week with what I find out. Please let me know if<br />

you have any other questions in the meantime.<br />

Thanks!<br />

"-1egvwt;Poptv<br />

Member Services Coordinator<br />

American Association of Veterinary State Boards<br />

Email: mpope@aavsb.org<br />

Phone: 816-931-1504 ext. 231<br />

CONFIDENTIALITY NOTE:<br />

This email is intended only for the use of the individual or entity to which it is addressed and may contain information that is<br />

privileged, confidential and exempt from disclosure under applicable law. If the reader of this email message is not the intended<br />

reCipient, or the employee or agent responsible for delivery of the message to the intended reCipient, you are hereby notified that<br />

any dissemination, distribution or copying of this communication is prohibited. If you have received this email in error, please notify<br />

us immediately by telephone at (816) 931-1504. Thank you.<br />

From: Ina Franz [mailto:inaJranz@tbvme.state.tx.us]<br />

Sent: Monday, March 21, 2011 3:19 PM<br />

To: Megan Pope<br />

Subject: EC Staley, DVM<br />

Hi, Megan:<br />

Me again.<br />

I REALLY hate to bother you with this issue again, but I have another question regarding Dr. Staley. He was licensed in<br />

Maryland in 2007. During the application procedure for the Maryland, he states that he had the NBE/CCT scores<br />

forwarded to Maryland. Can you tell ifthat's the case? If so, what scores were forwarded? His 1992 scores (failing) and<br />

they licensed him anyway, or did they actually receive his 1982 scores? He is adamant that there are passing scores<br />

somewhere. I know that you have done extensive research to find his Oklahoma scores, and I don't want you to rehash<br />

this. It is what it is. What else do you think I could do for him regarding his scores? Any suggestions are welcome!<br />

We removed him from our eligibility list for our April state licensing exam, and will place him on the board's agenda for<br />

consideration in June, as he does not have passing NBE/CCT or NAVLE scores. I sure would like to have an answer for<br />

the board as to what happened. Every time I speak with him or he writes me, I get more confused. His latest e-mail to<br />

me says that he took the NBE/CCT in Oklahoma, but since he was not from there and never practiced there, his scores<br />

were not reported or maintained. Could that be so?<br />

Again, I'm sorry that we are causing you so much extra work. I just want to cover all bases before I take him to the<br />

board, arid I want to be able to answer the board's questions. ©.<br />

Thanks again!<br />

Ina<br />

Ina A. Franz<br />

3


Director, Licensing & Examination Division<br />

Texas Board of Veterinary Medical Examiners<br />

(512)305-7558<br />

(512)305-7556 (fax)<br />

4


• When copies of my board examination scores were requested through vrv A, they<br />

reported that the results for the original examinations were lost and they were only able<br />

to verify the second set of scores.<br />

Paragraph (3)(b )(2) states that in deciding whether to grant this petition, the Board may consider:<br />

• The availability of the national examination or NA VLE at the time the petitioner<br />

originally appliedfor licensure.<br />

The national examination was available in 1982, however, even though it was taken and<br />

passed, at the time there was no requirement for licensure of veterinarians employed in<br />

the military or working for the national government.<br />

• The number of years the petitioner has been in active practice.<br />

It has been in excess of 18 years since I returned to active practice after 10 years in<br />

laboratory animal medicine.<br />

• The petitioner's license status and standing in other jurisdictions.<br />

I am licensed in 3 other jurisdictions, New Mexico, Pennsylvania and Maryland. All<br />

licenses are in good standing and no disciplinary action has been taken nor is in process.<br />

• The petitioner's status as a diplomate in an A VMA recognized veterinary specialty.<br />

I am not a diplomate in any A VMA recognized veterinary specialty.<br />

• Any other factors that may be related to petitioner's request for an exception.<br />

The purpose for obtaining a license to practice veterinary medicine in the state of Texas<br />

is to allow me to provide occasional services (on a volunteer, unpaid, basis) to the El<br />

Paso Humane Society. My practice, Staley's Veterinary Medical Clinic, PC is a 53 year<br />

old, AAHA accredited practice that has an associated charity, Veterinary Medical Clinic,<br />

Inc. (EIN 32-0234700; 501 (c)(3); member, Southeast New Mexico Combined Federal<br />

Campaign). The charity has a close working relationship with the El Paso Humane<br />

Society, and during promotions such as Spay Day USA, I would like to be able to assist<br />

them with performing spays and neuters, etc. In 2010, our clinic performed in excess of<br />

200 spays and neuters during the month of February, while the much larger El Paso<br />

Humane Society only performed approximately Y. ofthat number due to a lack of<br />

veterinarians willing to donate their time and surgical skills.


4. If you are NOT a citizen ofthe United States or Canada, or if you are foreign born, you must verify<br />

your legal status. See "Frequently Asked Questions" page for acceptable documentation.<br />

5. Special Accommodations: If you require ADA accommodations, please complete an ADA<br />

Accommodations Request Application. These are available at www.tbvme.state.tx.us or by calling our<br />

offices at 512-305-7555.<br />

6. Enclose one recent picture. Please see checklist for specifications.<br />

7. Give name, address, hone number of father and mother. If deceased, lease indicate:<br />

Father Mother<br />

-<br />

V. EMPLOYMENT mSTORY<br />

I. List the occupations and employment in which you have been engaged for the past 10 years, listing names<br />

of em loyers, their full addresses, and dates. (Attach additional sheet if needed)<br />

Name of Employer Dates of employment<br />

VI. LICENSES AND CERTIFICATIONS<br />

I. Are you now or have you ever been licensed to practice veterinary medicine in another state, country or<br />

·urisdiction? If "yes", lease com lete the followin : (attach additional sheets, if needed)<br />

State* Lic. No. Issue Date Active? Yrs. Prac. DEA# Issue Date DEA Active?<br />

*If this applies to you, please have the atta ed verification form completed. You do not have to use the form.<br />

A letter of verification of license and good standing from the appropriate authority is also acceptable. The form<br />

may be reproduced if you need more than one. The applicant is responsible for contacting and submitting<br />

the form to the appropriate entity(iesl. Most states require a fee for license verification and will not<br />

process your request until payment is received.<br />

Page 4 of6<br />

/


Addendum to Texas State Board of Veterinary Medical Examiners Application for<br />

ExaminationlLicense<br />

Paragraph IV. Personal Background<br />

1. (b)<br />

I have been called as a witness in a number oflegal proceedings, both civil and<br />

criminal ranging from plaintiff's witness in a case of Monensin toxicity in horses to<br />

prosecution witness in numerous cases of misdemeanor and felony animal abuse<br />

prosecuted by the 12th Judicial District (Otero & Lincoln Counties, New Mexico)<br />

District Attorney. The next such case currently scheduled is on February 3,2011,<br />

State of New Mexico v. Nicole Borsello, Cause #D-1215-CR-201000019.


Residence:<br />

Business:<br />

Home Telephone:<br />

Business Telephone:<br />

Fax:<br />

E-mail:<br />

Curriculum Vitae<br />

EDMOND CHRISTOPHER STALEY, DVM, MS<br />

FAAVCT<br />

1506 Rockwood<br />

Alamogordo, NM 88310<br />

Staley's Veterinary Medical Clinic, PC<br />

1407 Indian Wells Road<br />

Alamogordo, NM 88310<br />

(505) 437-5613<br />

(505) 437-3063<br />

(505) 439-0371<br />

ecstaley@hotrnail.com<br />

Date and Place of Birth: December 27, 1952<br />

Stillwater, OK<br />

Citizenship: United States Citizen<br />

Education: Interdisciplinary Master's Degree in Toxicology/Animal Science<br />

Awarded 1993, New Mexico State University, Las Cruces, NM.<br />

DHHS Advanced Project Officers' Training Program, Rockville,<br />

MD, September 1989.<br />

DHHS Basic Project Officers' Training Program, Rockville, MD,<br />

August 1988.<br />

U.S. Army Command and General Staff College, Ft. Leavenworth,<br />

KS certificate awarded 1988.<br />

Laboratory Animal Medicine Post-Doctoral Training Program,<br />

United States Army Medical Research Institute oflnfectious<br />

Diseases, Ft. Detrick, MD, September 1983-ApriI1986.<br />

U.S. Army Medical Department Officer's Advanced Course, Ft.<br />

Sam Houston, TX, certificate awarded 1985.


E. Christopher Staley, DVM, MS<br />

Curriculum vitae<br />

Page 2 (Educatiou, cODt'd)<br />

Professional Experience<br />

1993-Present<br />

Duties<br />

1997-1999<br />

Duties<br />

u.s. Anny Medical Department Officer's Basic<br />

TraininglVeterinary Corps Basic Training, Fort Sam Houston, TX,<br />

certificate awarded 1982.<br />

Doctor of Veterinary Medicine degree awarded 1982, Oklahoma<br />

State University, Stillwater, OK.<br />

Bachelor of Science degree on Microbiology awarded 1978,<br />

Oklahoma State University, Stillwater, OK.<br />

Medical Director and clinical veterinarian, Staley' s. Veterinary<br />

Medical Clinic, PC, Alamogordo, NM.<br />

Responsible for the diagnosis and treatment of routine and<br />

emergency illnesses and injuries in companion, agricultural and<br />

exotic animals. Included in clinical responsibilities: clinical<br />

toxicology, diagnostic imaging, clinical pathology, surgery,<br />

endocrinology and internal medicine. Surgical cases include<br />

trauma, orthopedic, cosmetic, population control and oncology.<br />

Diagnosis and treatment of referred toxicology cases. Performance<br />

of referred endoscopy and laser surgical procedures.<br />

Director, Veterinary Sciences Division, The Coulston Foundation,<br />

Alamogordo, NM.<br />

Served as the senior veterinarian, responsible for the provision of<br />

veterinary medical and surgical care to a colony of 653<br />

chimpanzees (Pan troglodytes) and 600 macaques (Macacca<br />

mulatta and M fascicularis). Included in responsibilities: serving<br />

as principal investigator for breeding colonies of macaques and<br />

chimpanzees, providing medical and surgical support, diagnostic<br />

imaging, and training to investigators and sponsors.<br />

Supervised a staff of 3-5 veterinarians and 56 animal care<br />

technicians. Responsible for the formulation and implementation<br />

of procedures necessary for maintaining the health and welfare of<br />

all animals housed at the Coulston Foundation.


E. Christopher Staley, DVM, MS<br />

Curriculum vitae<br />

Page 3 (professional Experience, cont'd)<br />

1992-1993<br />

1991-1992<br />

Duties:<br />

Graduate student, Toxicology Program, New Mexico State<br />

University, Las Cruces, NM and clinician, Veterinary Medical<br />

Clinic, Alamogordo, NM.<br />

Thesis: Effects of Feed Intake on Embryotoxicosis Induced by<br />

Ingestion of Snakeweed (Gutierrezia microcephala) in Sprague­<br />

Dawley Rats.<br />

Division Head, Veterinary Sciences Division and Acting Associate<br />

Director, New Mexico Regional Primate Research Laboratory,<br />

New Mexico State University, Holloman AFB, NM.<br />

Division Head, Veterinary Sciences Division- Responsible for<br />

direction oflaboratory animal medicine program for a laboratory<br />

complex of 120,000 square feet, located on a 37 acre site. Served<br />

as senior veterinarian providing guidance and clinical expertise for<br />

all investigators utilizing animals in research at the Regional<br />

Primate Research Laboratory. Served as liaison and construction<br />

contract monitor for 60,000 square-foot chimpanzee facility with a<br />

$9.9 million construction budget. Responsible for providing<br />

routine and emergency veterinary care, disease surveillance and<br />

diagnostic support to a colony of 427 chimpanzees, 1200 macaques<br />

and other small laboratory animals. Served as Principal<br />

Investigator on PRlINCI AIDS Vaccine Development Program<br />

contract ($2.1 million/year) and FDA Chimpanzee<br />

Breeding/Hepatitis research contract ($800,000/year). Supervised<br />

a staff of 5 veterinarians and approximately 60 animal care<br />

technicians.<br />

Acting Associate Director- Responsible for assisting the Director,<br />

PRL, with daily administrative responsibilities, with emphasis on<br />

the administration of grants and contracts, physical plant<br />

operations, internal budgets, and business office operations.<br />

Supervised the NMRPRL Safety Officer, with responsibility for<br />

the development and implementation of a comprehensive safety<br />

program in compliance with all applicable federal, state, university<br />

and local rules and regulations. Served as principle liaison<br />

between the NMRPRL financial office and the NMSU Office of<br />

Business Affairs. Responsible for financial planning and record<br />

keeping. Responsible for the management of physical plant<br />

operations: coordinated and evaluated physical plant maintenance,<br />

planning, and reporting, and was responsible for physical plant


E. Christopher Staley, DVM, MS<br />

Curriculum vitae<br />

Page 4 (professional Experience, cont'd)<br />

1988-1991<br />

Duties:<br />

1986-1988<br />

Duties:<br />

operational budget. Acted as administrative liaison between<br />

principal investigators and NMSU Grants and Contracts Office in<br />

pre-award contract administration. Served as Chairman, NMRPRL<br />

Management Conunittee, solving management-related problems<br />

and providing training to middle-level managers. Supervised a<br />

staff of 40-45 maintenance, administrative and support personnel.<br />

Institute Veterinarian and Chief, Animal Health and Care Section,<br />

Division of Intramural Research, National Institute of Neurological<br />

Disorders and Stroke, National Institutes of Health, Bethesda, MD.<br />

Responsible for developing a laboratory animal support program in<br />

accordance with current regulations and for preparing the Institute<br />

for AAALAC accreditation. Served as the principal Institute<br />

specialist and advisor on NINDS and NIH programs of animal care<br />

and use. Represented the Institute on NIH and DHHS conunittees,<br />

boards, and panels regarding animal use. Served as Executive<br />

Secretary, NINDS Animal Care and Use Conunittee.<br />

Administered laboratory animal care and support program that<br />

included the care of an average of 15,200 animals per day, housed<br />

in five buildings on the Bethesda, MD campus, the Park 5 Building<br />

in Rockville, MD, and Building 376, Ft. Detrick, MD. Served as<br />

Project Officer for University of Puerto Rico/Caribbean Primate<br />

Research Center breeding contract (rhesus macaques) and as Co­<br />

Project Officer for University of Southwest Louisiana primate<br />

breeding and research contract (rhesus, cynomolgus and pigtail<br />

macaques, chimpanzees, African green and squirrel monkeys,<br />

horses, cats and small ruminants). Supervised care ofNINDSowned<br />

gorillas at off-campus (zoo) sites. Performed collaborative<br />

research within the intramural research program. Supervised a<br />

staff of 4 veterinarians and 25-30 animal care technicians.<br />

Provided Institute-specific training to subordinate staff as well as<br />

investigators/research fellows and technicians.<br />

Veterinarian and Director, Immunochemical Reagents, Whittaker<br />

Bioproducts, Inc., Walkersville, MD.<br />

Veterinarian- Managed all phases of design and implementation of<br />

the Laboratory Animal Care and Use Program, including the<br />

provision of veterinary care to approximately 3000 animals at any<br />

given time representing 11 species. Included in that census were a<br />

breeding colony of Aotus trivirgatus, blood donor colonies of


E. Christopher Staley, DVM, MS<br />

Curriculum vitae<br />

Page 5 (professional Experience, cont'd)<br />

1983-1986<br />

Duties:<br />

1982-1983<br />

rhesus and African green monkeys, antibody production colonies<br />

of goats, burros, Guinea pigs, rabbits, and mice and cell production<br />

colonies. Instituted programs which resulted in the company<br />

regaining full accreditation with AAALAC.<br />

Director, Immunochemical Reagents- Directed the operation of the<br />

Virology and Monoclonal Antibody production departments.<br />

Responsible for setting up and administering clinical trials and<br />

analyzing data obtained prior to submission of 51OK's to FDA.<br />

Responsible for investigating customer complaints involving<br />

products not yet approved for in vitro diagnostic use and initiating<br />

improvements on those products proven faulty. Responsible for all<br />

aspects of Sendai virus (veterinary) vaccine production.<br />

Laboratory Animal Veterinarian, United States Army Medical<br />

Research Institute ofInfectious Diseases, Fort Detrick, MD.<br />

Officer-In-Charge, Large Animal Research Facility (7/84-4/86)­<br />

Planned and implemented the consolidation of the Walter Reed<br />

Army Institute of Research and the United States Army Medical<br />

Research Institute of Infectious Diseases large animal facilities,<br />

including the design of all new construction. Instituted an<br />

extensive program of large animal support for all area Department<br />

of Defense research institutes and laboratories.<br />

Officer-In-Charge, Rabbit and Rodent Section (9/84-9/85)­<br />

Provided routine and emergency care to rodent and rabbit colonies<br />

and support to investigators. Maintained colonies of Calomys spp.,<br />

Microtus spp., Clethrionomys spp. and Strain 13 Guinea pigs.<br />

Performed collaborative research within the USAMRIID research<br />

program. Developed the anterior vena cava bleeding technique for<br />

rabbits as an alternative to ear bleeding with a vacuum pump.<br />

Officer-In-Charge, Surgery and Radiology Section (9/83-9/84)­<br />

Responsible for providing surgical support for all animal protocols<br />

within the Institute. Developed a method for obtaining repeated<br />

cerebrospinal fluid samples from awake Guinea pigs.<br />

Veterinary Officer-In-Charge, Animal Disease Prevention and<br />

Control Facility, Tinker Air Force Base, OK.


E. Christopher Staley, DVM, MS<br />

Curriculum vitae<br />

Page 6 (professional Experience, cont'd)<br />

Duties: Provided a comprehensive veterinary support program for military<br />

working dogs stationed at Tinker and Vance Air Force bases.<br />

Provided companion animal care and vaccinations as allowed by<br />

ArmylDepartment of Defense regulations. Inspected all off-base<br />

facilities providing food or dairy products for use by military<br />

personnel. Served on Rabies Control Board.<br />

Additional Professional Experience<br />

April 1999 to present Fellow, American Society for Laser Medicine and Surgery<br />

May 1994 to present Adjunct Professor of Toxicology, New Mexico State University,<br />

Las Cruces, NM<br />

April 1994 to present Fellow, American Academy of Veterinary and Comparative<br />

Toxicology<br />

October 1991 to June 1992<br />

Chairman, National Chimpanzee Breeding and Research<br />

Management Committee<br />

September 1990 to September 1993<br />

Ad hoc consultant (site visit), American Association for the<br />

Accreditation of Laboratory Animal Care (AAALAC)<br />

August 1990<br />

August 1989<br />

1984-1986<br />

Military<br />

Chairman, Standards/or Outdoor Primate Facilities session,<br />

Association of Primate Veterinarians Annual Meeting, Davis, CA<br />

Moderator, Case Report session, Association of Primate<br />

Veterinarians Annual Meeting, Mobile, AL<br />

Adjunct Instructor, Veterinary Technician Program, Essex<br />

Community College, Baltimore, MD<br />

United States Army (Reserve)<br />

Rank: Colonel<br />

Primary MOS/SSI: 75B (Veterinary Staff Officer)<br />

Secondary MOS/SSI: 75C (Veterinary Laboratory Animal Officer)<br />

Current Status: Retired


E. Christopher Staley, DVM, MS<br />

Curriculum vitae<br />

Page 7<br />

Related Professional Experience<br />

1996-Present<br />

1989-1991<br />

1989-1991<br />

1988-1991<br />

1988-1991<br />

1988-1991<br />

1988-1989<br />

1988-1990<br />

Honors and Awards<br />

Member, Society of Toxicology<br />

Chairman, Poolesville AIDS Facility (NIH) Task Force<br />

Member, National Chimpanzee Breeding and Research<br />

Management Program ad hoc committee on long-term care<br />

Member, Trans NIH Coordinating Committee for Research<br />

Animal Resources<br />

Member, NIH Animal Program Advisory Committee<br />

Member, NIH Primate Management Plan Task Force<br />

Member, NIH Animal Care and Use Committee<br />

Member, Interagency Animal Models Committee (formerly<br />

Animal Models for AIDS Research Committee)<br />

US Army Expert Field Medic Badge<br />

Meritorious Service Medal<br />

Army Commendation Medal (with Oakleaf)<br />

Army Achievement Medal<br />

National Defense Service Medal (with Oakleaf)<br />

Good Conduct Medal<br />

Reserve Achievement Medal (with Oakleaf)<br />

Armed Forces Reserve Medal<br />

Army Service Ribbon<br />

Overseas Ribbon<br />

Gold Award, United Way of Otero County, 1995<br />

Editor, 1982 Aesculapius, yearbook of the Oklahoma State<br />

University College of Veterinary Medicine.


E. Christopher Staley, DVM, MS<br />

Curriculum vitae<br />

PageS<br />

Professional Society Membership<br />

1991-1995<br />

1991-1993<br />

I 982-Present<br />

I 983-Present<br />

I 983-Present<br />

I 983-Present<br />

Publications! Abstracts<br />

Alamogordo (White Sands), NM Club, Rotary International<br />

Southeastern New Mexico Branch, American Association<br />

for Laboratory Animal Science<br />

American Veterinary Medical Association<br />

American Society of Laboratory Animal Practitioners<br />

Association of Primate Veterinarians<br />

American Association for Laboratory Animal Science<br />

1. Yaffe, S.R., Liu, C.T., Staley, E.C., Jahrling, P.B., and Peters, C.J.:<br />

Depression of Renal Hemodynamic and Tubular Functions During Pichinde<br />

Virus Infection in Strain 13 Guinea Pigs. 17 th Annual Meeting of the American<br />

Society of Nephrology, New Orleans, LA, Abstract 203A, 1984.<br />

2. Yaffe, S.R., Liu, C.T., Staley, E.C., Jahrling, P.B., and Peters, c.J.: Renal<br />

Dysfunction in Strain 13 Guinea Pigs with Pichinde Virus Infection. Proceedings<br />

of the IX International Congress of Nephrology, Lexington, KY, pp 11-16, June,<br />

1984.<br />

3. Staley, E.C.: Cerebrospinal Fluid Sampling in Awake Guinea Pigs. Presented at<br />

the 13 th Annual Seminar of the National Capital Area Branch, American<br />

Association for Laboratory Animal Science, Cockeysville, MD, November, 1984.<br />

4. Trahan, C.J., LeDuc, J.W., Staley, E.C., Binn, L.N., Marchwicki, R.H.,<br />

Lemon, S.M., Keenan, C.M., and Bancroft, W.H.: Induced Oral Infection of<br />

the Owl Monkey (Aotus trivirgatus) with Hepatitis A Virus. Lab.Anim.Sci.,<br />

37(1): 45-50; 1987.<br />

5. Binn, L.N., Bancroft, W.H., Lemon, S.M., Marchwicki, R.H., LeDuc, J.W.,<br />

Trahan, C.J., Staley, E.C., and Keenan, C.M.: Preparation of a Prototype<br />

Inactivated Hepatitis A Virus Vaccine from Infected Cell Cultures. J.Inf.Dis.<br />

153(4):749-56, 1986.


E. Christopher Staley, DVM, MS<br />

Curriculum vitae<br />

Page 9 (publicationsIAbstracts, cont'd)<br />

6. Mcintosh, J., and Staley, E.C.: Limits of Food and Water Deprivation. Science<br />

and Animals: Addressing Contemporary Issues; H.N. Guttman, J.A. Mench, R.C.<br />

Simmonds, Editors, p. 117, 1988.<br />

7. Staley, E.C., Southers, J.L., Thoen, C.O., and Easley, S.P.: An Evaluation of<br />

Tuberculin Testing and Measles Prophylaxis Procedures Utilized in Rhesus<br />

Macaque Quarantine/Conditioning Protocols. Lab.Anim.Sci. 45(2): 125-130,<br />

1995.<br />

8. Staley, E.C., Southers, J.L., Thoen, C.O., and Easley, S.P.:<br />

AnergylUnresponsiveness to Tuberculosis Testing in Mycobacterium tuberculosis<br />

Sensitized Monkeys (Macaca mulatta) Following Exposure to Measles Vaccine.<br />

Poster #216, P ANVET XIV Pan American Congress on Veterinary Sciences,<br />

Acapulco, Mexico, October 9-15,1994.<br />

9. Staley, E.C., Smith, G.S., Hallford, n.M., Stavanja, M.S., Thilsted, J.P., and<br />

Greenberg, J.A.: Saftlower Seed Oil Improved Embryo-Fetal Tolerance of<br />

Toxins in Snakeweed Foliage Ingested By Rats.<br />

Proc.West.Sect.Am.Soc.Anim.Sci. 44: 273-278. 1993.<br />

10. Chambers, S.W., Smith, G.S., Stavanja, M.S., Staley, E.C., Thilsted, J.P., and<br />

Hallford, n.M.: Saftlower Oil Protects Rats From Embryotoxins of Ingested<br />

Snakeweed Foliage. Proc. West.Sect.Am.Soc.Anim.Sci. 44: 279-282.1993.<br />

11. Smith, G.S., Ross, T.T., Hallford, n.M., Thilsted, J.P., and Staley, E.C.:<br />

Efforts to Improve Animal Tolerance of Ingested Snakeweed Foliage. Abstract<br />

No. 234, Fourth Annual International Symposium on Poisonous Plants, Sydney,<br />

Australia, 1993.<br />

12. Staley, E.C., Staley, E.E., and Behr, M.J.: Use ofPermethrin as a Miticide in<br />

the African Hedgehog (Atelerix albiventris). Vet.Hum.Tox. 36(2): 138, 1994.<br />

13. Staley, E.C.: Hedgehog Health and Husbandry: Quarantine. North American<br />

Hedgehog Association, The Hedgehog News. 1(1): 2-3.1993.<br />

14. Staley, E.C.: Hedgehog Health and Husbandry: Ectoparasite Control. North<br />

American Hedgehog Association, The Hedgehog News. 1(2): 3-6. 1993.<br />

15. Staley, E.C.: Hedgehog Health and Husbandry: Breeding and Genetics. North<br />

American Hedgehog Association, The Hedgehog News. 1(3): 4-6. 1994


E. Cbristopber Staley, DVM, MS<br />

Curriculum vitae<br />

Page 10 (publicationsIAbstracts, cont'd)<br />

16. Staley, E.C., Smith, G.S., and Greenberg, J.A.: Effect of 10% Snakeweed<br />

(Gutierrezia microcephala) Ingested by Sprague-Dawley Rats Throughout<br />

Pregnancy and Concurrent Treatment with Saftlower Oil on Reproduction in<br />

Female Offspring. Vet.Hum.Tox. 37(5): 440-442.1995.<br />

17. Staley, E.C., Smith, G.S., and Greenberg, J.A.: Decreased Reproductive<br />

Effects of Ingested Snakeweed (Gutierrezia microcephala) Observed in Sprague­<br />

Dawley Rats with Increased Consumption of Diet Containing 10% Snakeweed.<br />

Vet.Hum.Tox. In Press.<br />

18. Smith, G.S., Ross, T.T., Hallford, D.M., Thilsted, J.P., Staley, E.C.,<br />

Greenberg, J.A., and Miller, R.J.: Toxicology of Snakeweeds (Gutierrezia<br />

microcephala, G. sarothrae). Proc. Western Section, American Society of Animal<br />

Science, June 22-24, 1994, Las Cruces, NM.<br />

19. Staley, E.C.: Hedgehog Health and Husbandry: Adverse Reactions to Insecticide.<br />

North American Hedgehog Association, The Hedgehog News. 2(1): 6-7.1995.<br />

20. Smith, G.S., Ross, T. T., Hallford, D.M., Thilsted, J.P., and Staley, E.C.:<br />

Efforts to Improve Animal Tolerance of Ingested Snakeweed Foliage. Chapter 88<br />

In Colegate and P. Dorling (ed.) Plant Associated Toxins: Agriculture,<br />

Phytochemical, and Ecological Aspects. ICAB International, Wallingford, UK, p.<br />

495-500, 1994.<br />

21. Staley, E.C. and Staley, E.E.: Case Report: Loperamide Toxicity in a Seven­<br />

Week Old Pup. Vet.Hum.Tox. 36(5): 451. 1994 ..<br />

22. Staley, E.C. and Staley, E.E.: Case Report: Promethazine Toxicity in a Seven­<br />

Month Old Doberman Pinscher. Vet.Hum.Tox. 37(3): 243-4.1995.


Agenda Items 5 & 6<br />

Agreed Orders and Cease & Desist Orders<br />

TABS 7 & 8<br />

• I will now entertain a motion to approve the Agreed Orders and Cease<br />

and Desist Orders<br />

o I move that we approve the Agreed Orders and Cease and Desist<br />

Orders.<br />

• Is there a Second?<br />

• Is there any discussion?<br />

(The Board may fully discuss the documents they have before them, but may not<br />

ask staff or the licensee for additional facts about the complaint.)<br />

• All in favor, say aye.<br />

• All opposed, say nay.<br />

If executive session is needed, one member needs to read the<br />

following:<br />

I move that we go into Executive Session for private consultation and advice of<br />

counsel concerning pending or contemplated litigation or settlement offer<br />

and/or possible disciplinary action under the authority of the Open Meetings<br />

Act, GOVERNMENT CODE, §551.071; OCCUPATIONS CODE §801.407(d); and<br />

Attorney General's Opinion No. H-484.<br />

Return to open session statement:<br />

There was no final action, decision, or vote with regard to any matter<br />

considered or discussed in executive session. The executive session ended at<br />

(____) on (____). A certified agenda of the executive session was made.


AGREED ORDERS<br />

TAB 7


04/29/2011 FRr 15121 PAX 5123057574 TBVHE<br />

D.V.M.<br />

Agreed Order 20 11·16<br />

Page 2<br />

Conduct, which requires a veterinarian to annually acquire seventeen hours of acceptable<br />

CEo<br />

3. Based on Conclusions of Law 1 and 2, Respondent has violated Section 801.402 (6) of<br />

the Veterinary Licensing Act, Texas Occupations Code, and is subject to disciplinary<br />

action by the Board:<br />

801.402. GENERAL GROUNDS FOR LICENSE DENIAL OR<br />

DISCIPLINARY ACTION. A person is subject to denial ofa license or to<br />

disciplinary action under Section 8010401 if the person:<br />

(6) engages in practices 'or conduct that violates the board's rules of<br />

professional conduct.<br />

4. Based on Conclusions of Law 2 and 3, Respondent may be disciplined in the manner<br />

set out in Section 801.451, IMPOSITION <strong>OF</strong> ADMINISTRATIVE PENALTY, of the<br />

Veterinary Licensing Act, which authorizes an administrative penalty for violations oHhe<br />

Act and Board rules.<br />

5. Based on Conclusions of Law 2 and 3, Respondent may be disciplined in the manner<br />

set out in Section 801.307, CONTINUING EDUCATION, of the Veteril1ary Licensing<br />

Act, which authorizes the make up of missed continuing education hours in addition to<br />

. the hours normally rcquired to be completed in that calendar year.<br />

NOW, THEREFORE, THE <strong>BOARD</strong> AND RESPONDENT AGREE AS FOLLOWS:<br />

The Board ORDERS that Respondent pay, within 45 days of the date of this Order, an<br />

ADMINISTRATIVE PENALTY of ONE THOUSAND DOLLARS ($1,000.00). If<br />

Respondent fails to pay the administrative penalty within 45 days of the date of this<br />

Order, Respondent's license may be suspended until the penalty is paid.<br />

In addition, the Board ORDERS that Respondent complete an additional SEVENTEEN<br />

(17) hours of continuing education within one year of the date of this Order.<br />

Documentation of the completion of the, continuing education penalty shall be received<br />

within thirty (30) days after one year of the date of this order. If Respondent fails to<br />

provide documentation of completion within forty·five (45) days of one year of the date<br />

of this order, Respondent's license may be suspended until the continuing education<br />

penalty is completed and documentation is received by the Board.<br />

The Board further ORDERS that:<br />

I. Respondent shall abide by the Rules of Professional Conduct, the Texas<br />

Veterinary Licensing Act and the laws of,the State of Texas and the United States.<br />

1ilJ004/006


04/29/2011 FRI 15.21 FA" 5123057574 TBVMB<br />

D.V.M.<br />

Agreed Order 2011-16<br />

Page 4<br />

STATE <strong>OF</strong> <strong>TEXAS</strong><br />

COUNTY<strong>OF</strong> ________ _<br />

BEFORE ME, on this day, personally appeared D.V.M., known to me to<br />

be the person whose name is subscribed to the foregoing Agreed Order, and<br />

acknowledged to me that he executed the same for the purposes stated therein.<br />

Given under the hand and seal of office this __ day of _____ > 20_.<br />

Notary Public<br />

SIGNED AND ENTERED by the <strong>TEXAS</strong> STATE <strong>BOARD</strong> <strong>OF</strong> <strong>VETERINARY</strong><br />

<strong>MEDICAL</strong> <strong>EXAMINERS</strong> on this the_day of ,2010.<br />

Bud E. Alldredge, Jr., D.V.M.<br />

President of the Board<br />

Ii1J006/006


Page 2<br />

D.V.M.<br />

1-26<br />

2. Based on Findings of Fact I and 2, Respondent has violated Rule 573.4,<br />

ADHERENCE TO THE LAW, of the Board's Rules of Professional Conduct, which<br />

holds that:<br />

No veterinarian shall commit any act that is in violation of the laws of the State of<br />

Texas, other states, or of the United States, if the act is connected with the<br />

veterinarian's practice of medicine.<br />

3. Based on Conclusions of Law I and 2, Respondent has violated Section 801.402<br />

(6) of the Veterinary Licensing Act, Texas Occupations Code, and is subject to<br />

disciplinary action by the Board:<br />

801.402. GENERAL GROUNDS FOR LICENSE DENIAL OR<br />

DISCIPLINARY ACTION. A person is subject to denial ofa license or to<br />

disciplinary action under Section 801.401 if the person:<br />

(6) engages in practices or conduct that violates the board's rules of<br />

professional conduct.<br />

4. Based on Conclusions of Law I through 3, Respondent is subject to disciplinary<br />

action under Section 801.40 I of the Veterinary Licensing Act, Texas Occupations Code:<br />

801.401. DISCIPLINARY POWERS <strong>OF</strong> <strong>BOARD</strong>. (a) If an applicant or license<br />

holder is subject to denial of a license or to disciplinary action under Section<br />

801.402, the Board may:<br />

(I) refuse to examine an applicant or to issue or renew a license;<br />

(2) revoke or suspend a license;<br />

(3) place on probation a license holder or person whose license has been<br />

suspended;<br />

(4) reprimand a license holder; or<br />

(5) impose an administrative penalty.<br />

NOW, THEREFORE, THE <strong>BOARD</strong> AND RESPONDENT AGREE AS FOLLOWS:<br />

Based on the above Findings of Fact and Conclusions of Law, the Board ORDERS that<br />

Respondent be FORMALLY REPRIMANDED.<br />

In addition, the Board ORDERS that Respondent's license be SUSPENDED for two<br />

years, with said SUSPENSION STAYED and Respondent placed on PROBATION for<br />

entire suspension period, with the suspension period beginning the day after the effective<br />

date of the Order.<br />

The Board further ORDERS that:<br />

I. Respondent shall abide by the Rules of Professional Conduct, the Texas<br />

Veterinary Licensing Act and the laws of the State of Texas and the United States.


.... ,D.V.M.<br />

Agreed Order 2011-27<br />

Page 2<br />

DPS controlled substances registration.<br />

Conclusions of Law<br />

1. Respondent is required to comply with the provisions of the Veterinary Licensing Act,<br />

Chapter 801, Texas Occupations Code, and with the Board's rules.<br />

2. Based on Findings of Fact 1, 2 and 3, Respondent has violated Rule 573.43, MISUSE <strong>OF</strong><br />

DEA NARCOTICS REGISTRATION, of the Board's Rules of Professional Conduct, which<br />

states that a licensee may not prescribe, dispense, deliver or order delivered, any controlled<br />

substance, unless he is currently registered with the DEA and the DPS.<br />

3. Based on Conclusions of Law 1 and 2, Respondent has violated Section 801.402 (6) of the<br />

Veterinary Licensing Act, Texas Occupations Code, and is subject to disciplinary action by the<br />

Board:<br />

801.402. GENERAL GROUNDS FOR LICENSE DENIAL OR DISCIPLINARY<br />

ACTION. A person is subject to denial of a license or to disciplinary action under<br />

Section 801.401 if the person:<br />

(6) engages in practices or conduct that violates the board's rules of professional<br />

conduct.<br />

4. Based on Conclusions of Law 2 and 3, Respondent may be disciplined in the manner set out<br />

in Section 801.451, IMPOSITION <strong>OF</strong> ADMINISTRATIVE PENALTY, of the Veterinary<br />

Licensing Act, which authorizes an administrative penalty for violations of the Act and Board<br />

rules.<br />

NOW, THEREFORE, THE <strong>BOARD</strong> AND RESPONDENT AGREE AS FOLLOWS:<br />

The Board ORDERS that Respondent pay, within 45 days of the date of this Order, an<br />

ADMINISTRATIVE PENALTY of four hundred and fifty dollars ($450.00). If Respondent<br />

fails to pay the administrative penalty within 45 days of the date of this Order, Respondent's<br />

license may be suspended until the penalty is paid.<br />

The Board further ORDERS that:<br />

1. Respondent shall abide by the Rules of Professional Conduct, the Texas Veterinary<br />

Licensing Act and the laws of the State of Texas and the United States.<br />

2. Respondent shall cooperate with the Board's attorneys, investigators, compliance<br />

officers and other employees and agents investigating Respondent's compliance with this


05/23/2 .. '1° 11<br />

1'\<br />

i'i : :.<br />

, !;:'<br />

..<br />

18:38 2815317925<br />

D.V.M.<br />

JI-3S<br />

WEST HOUSTON VET<br />

;Bud E. Alldredge, Jr., D.V.M.<br />

President of the Board<br />

PAGE 04/04


Page 2<br />

D.V.M.<br />

11-51<br />

2. Based on Findings of Fact 1, 2 and 3, Respondent has violated Rule 573.43, MISUSE <strong>OF</strong> DEA<br />

NARCOTICS REGISTRATION, of the Board's Rules of Professional Conduct, which states that a<br />

licensee may not prescribe, dispense, deliver or order delivered, any controlled substance, unless he<br />

is currently registered with the DEA and the DPS.<br />

3. Based on Conclusions of Law 1 through 3, Respondent has violated Section 801.402 (6) of the<br />

Veterinary Licensing Act, Texas Occupations Code, and is subject to disciplinary action by the<br />

Board:<br />

801.402. GENERAL GROUNDS FOR LICENSE DENIAL OR DISCIPLINARY<br />

ACTION. A person is subject to denial of a license or to disciplinary action under<br />

Section 801.401 if the person:<br />

(6) engages in practices or conduct that violates the board's rules of professional<br />

conduct.<br />

4. Based on Conclusions of Law 2 and 3, Respondent may be disciplined in the manner set out in<br />

Section 801.451, IMPOSITION <strong>OF</strong> ADMINISTRATIVE PENALTY, of the Veterinary Licensing<br />

Act, which authorizes an administrative penalty for violations of the Act and Board rules.<br />

NOW, THEREFORE, THE <strong>BOARD</strong> AND RESPONDENT AGREE AS FOLLOWS:<br />

The Board ORDERS that Respondent pay, within 45 days of the date of this Order, an<br />

ADMINISTRATIVE PENALTY of one thousand dollars ($1,000.00). If Respondent fails to pay the<br />

administrative penalty within 45 days of the date of this Order, Respondent's license may be<br />

suspended until the penalty is paid.<br />

The Board ORDERS that Respondent shall not administer, order, possess, dispense and! or prescribe<br />

controlled substances without a current registration with DPS and DEA(if required under Board<br />

Rules).<br />

The Board further ORDERS that:<br />

1. Respondent shall abide by the Rules of Professional Conduct, the Texas Veterinary<br />

Licensing Act and the laws of the State of Texas and the United States.<br />

2. Respondent shall cooperate with the Board's attorneys, investigators, compliance<br />

officers and other employees and agents investigating Respondent's compliance with this<br />

order.


Page 2<br />

2. Based on Findings of Fact 1, 2 and 3, Respondent has violated Rule 573.43, MISUSE <strong>OF</strong> DEA<br />

NARCOTICS REGISTRATION, of the Board's Rules of Professional Conduct, which states that a<br />

licensee may not prescribe, dispense, deliver or order delivered, any controlled substance, unless he<br />

is currently registered with the DEA and the DPS.<br />

3. Based on Conclusions of Law 1 through 3, Respondent has violated Section 801.402 (6) of the<br />

Veterinary Licensing Act, Texas Occupations Code, and is subject to disciplinary action by the<br />

Board:<br />

801.402. GENERAL GROUNDS FOR LICENSE DENIAL OR DISCIPLINARY<br />

ACTION. A person is subject to denial of a license or to disciplinary action under<br />

Section 801.401 if the person:<br />

(6) engages in practices or conduct that violates the board's rules of professional<br />

conduct.<br />

4. Based on Conclusions of Law 2 and 3, Respondent may be disciplined in the manner set out in<br />

Section 801.451, IMPOSITION <strong>OF</strong> ADMINISTRATIVE PENALTY, of the Veterinary Licensing<br />

Act, which authorizes an administrative penalty for violations of the Act and Board rules.<br />

NOW, THEREFORE, THE <strong>BOARD</strong> AND RESPONDENT AGREE AS FOLLOWS:<br />

The Board ORDERS that Respondent pay, within 45 days of the date of this Order, an<br />

ADMINISTRATIVE PENALTY of five hundred dollars ($500.00). If Respondent fails to pay the<br />

administrative penalty within 45 days of the date of this Order:, Respondent's license may be<br />

suspended until the penalty is paid.<br />

The Board further ORDERS that:<br />

1. Respondent shall abide by the Rules of Professional Conduct, the Texas Veterinary<br />

Licensing Act and the laws of the State of Texas and the United States.<br />

2. Respondent shall cooperate with the Board's attorneys, investigators, compliance<br />

officers and other employees and agents investigating Respondent's compliance with this<br />

order.<br />

3. Failure by Respondent to comply with the terms of this Agreed Order or with any other<br />

provision ofthe Act or the Board Rules, may result in further disciplinary action.<br />

Respondent, by signing this Agreed Order, acknowledges his understanding of the Agreed<br />

Order, the notice, Findings of Fact and Conclusions of Law herein set forth, and agrees that he


__ ,D.V.M.<br />

Agreed Order 2011-52<br />

Page 4<br />

SIGNED AND ENTERED by the <strong>TEXAS</strong> <strong>BOARD</strong> <strong>OF</strong> <strong>VETERINARY</strong> <strong>MEDICAL</strong><br />

<strong>EXAMINERS</strong> on this the M day Ofc:nt ))t\1 / , 201.J.<br />

Bud E. Alldredge, Jr., D.V.M.<br />

President of the Board


__ D.V.M.<br />

Agreed Order 2011-55<br />

Page 2<br />

Chapter 801, Texas Occupations Code, and with the Board's rules.<br />

2. Based on Findings of Fact 1,2 and 3, Respondent has violated Rule 573.43, MISUSE <strong>OF</strong> DEA<br />

NARCOTICS REGISTRATION, ofthe Board's Rules of Professional Conduct, which states that a<br />

licensee may not prescribe, dispense, deliver or order delivered, any controlled substance, unless he<br />

is currently registered with the DEA and the DPS.<br />

3. Based on Conclusions of Law 1 through 3, Respondent has violated Section 801.402 (6) of the<br />

Veterinary Licensing Act, Texas Occupations Code, and is subject to disciplinary action by the<br />

Board:<br />

801.402. GENERAL GROUNDS FOR LICENSE DENIAL OR DISCIPLINARY<br />

ACTION. A person is subject to denial of a license or to disciplinary action under<br />

Section 801.401 if the person:<br />

(6) engages in practices or conduct that violates the board's rules of professional<br />

conduct.<br />

4. Based on Conclusions of Law 2 and 3, Respondent may be disciplined in the manner set out in<br />

Section 801.451, IMPOSITION <strong>OF</strong> ADMINISTRATIVE PENALTY, of the Veterinary Licensing<br />

Act, which authorizes an administrative penalty for violations of the Act and Board rules.<br />

NOW, THEREFORE, THE <strong>BOARD</strong> AND RESPONDENT AGREE AS FOLLOWS:<br />

The Board ORDERS that Respondent pay, within 45 days of the date of this Order, an<br />

ADMlNISTRATIVEPENALTY of five hundred dollars ($500.00). If Respondent fails to pay the<br />

administrative penalty within 45 days of the date of this Order, Respondent's license may be<br />

suspended until the penalty is paid.<br />

The Board further ORDERS that:<br />

1. Respondent shall abide by the Rules of Professional Conduct, the Texas Veterinary<br />

Licensing Act and the laws of the State of Texas and the United States.<br />

2. Respondent shall cooperate with the Board's attorneys, investigators, compliance<br />

officers and other employees and agents investigating Respondent's compliance with this<br />

order.<br />

3. Failure by Respondent to comply with the terms of this Agreed Order or with any other<br />

provision of the Act or the Board Rules, may result in further disciplinary action.


Page 2<br />

Chapter 801, Texas Occupations Code, and with the Board's rules.<br />

2. Based on Findings of Fact 1,2 and 3, Respondent has violated Rule 573.43, MISUSE <strong>OF</strong> DEA<br />

NARCOTICS REGISTRATION, of the Board's Rules of Professional Conduct, which states that a<br />

licensee may not prescribe, dispense, deliver or order delivered, any controlled substance, unless he<br />

is currently registered with the DEA and the DPS.<br />

3. Based on Conclusions of Law 1 through 3, Respondent has violated Section 801.402 (6) of the<br />

Veterinary Licensing Act, Texas Occupations Code, and is subject to disciplinary action by the<br />

Board:<br />

801.402. GENERAL GROUNDS FOR LICENSE DENIAL OR DISCIPLINARY<br />

ACTION. A person is subject to denial of a license or to disciplinary action under<br />

Section 801.401 if the person:<br />

(6) engages in practices or conduct that violates the board's rules of professional<br />

conduct.<br />

4. Based on Conclusions of Law 2 and 3, Respondent may be disciplined in the manner set out in<br />

Section 801.451, IMPOSITION <strong>OF</strong> ADMINISTRATIVE PENALTY, of the Veterinary Licensing<br />

Act, which authorizes an administrative penalty for violations of the Act and Board rules.<br />

NOW, THEREFORE, THE <strong>BOARD</strong> AND RESPONDENT AGREE AS FOLLOWS:<br />

The Board ORDERS that Respondent pay, within 45 days of the date of this Order, an<br />

ADMINISTRATIVE PENALTY of five hundred dollars ($500.00). If Respondent fails to pay the<br />

administrative penalty within 45 days of the date of this Order, Respondent's license may be<br />

suspended until the penalty is paid.<br />

The Board further ORDERS that:<br />

1. Respondent shall abide by the Rules of Professional Conduct, the Texas Veterinary<br />

Licensing Act and the laws of the State of Texas and the United States.<br />

2. Respondent shall cooperate with the Board's attorneys, investigators, compliance<br />

officers and other employees and agents investigating Respondent's compliance with this<br />

order.<br />

3. Failure by Respondent to comply with the terms ofthis Agreed Order or with any other<br />

provision of the Act or the Board Rules, may result in further disciplinary action.


Page 2<br />

D.V.M.<br />

2011-58<br />

Conduct, which requires a veterinarian to annually acquire seventeen hours of acceptable<br />

CEo<br />

3. Based on Conclusions of Law I and 2, Respondent has violated Section 801.402 (6) of<br />

the Veterinary Licensing Act, Texas Occupations Code, and is subject to disciplinary<br />

action by the Board:<br />

801.402. GENERAL GROUNDS FOR LICENSE DENIAL OR<br />

DISCIPLINARY ACTION. A person is subject to denial ofa license or to<br />

disciplinary action under Section 801.401 if the person:<br />

(6) engages in practices or conduct that violates the board's rules of<br />

professional conduct.<br />

4. Based on Conclusions of Law 2 and 3, Respondent may be disciplined in the manner<br />

set out in Section 801.451, IMPOSITION <strong>OF</strong> ADMINISTRATIVE PENALTY, of the<br />

Veterinary Licensing Act, which authorizes an administrative penalty for violations of the<br />

Act and Board rules.<br />

5. Based on Conclusions of Law 2 and 3, Respondent may be disciplined in the manner<br />

set out in Section 801.307, CONTINUING EDUCATION, of the Veterinary Licensing<br />

Act, which authorizes the make up of missed continuing education hours in addition to<br />

the hours normally required to be completed in that calendar year.<br />

NOW, THEREFORE, THE <strong>BOARD</strong> AND RESPONDENT AGREE AS FOLLOWS:<br />

The Board ORDERS that Respondent pay, within 45 days of the date of this Order, an<br />

ADMINISTRATIVE PENALTY of ONE THOUSAND DOLLARS ($1,000.00). If<br />

Respondent fails to pay the administrative penalty within 45 days of the date of this<br />

Order, Respondent's license may be suspended until the penalty is paid.<br />

In addition, the Board ORDERS that Respondent complete an additional TWENTY­<br />

FOUR (24) hours of continuing education within one year of the date of this Order.<br />

Documentation of the completion of the continuing education penalty shall be received<br />

within thirty (30) days after one year of the date of this order. If Respondent fails to<br />

provide documentation of completion within forty-five (45) days of one year of the date<br />

of this order, Respondent's license may be suspended until the continuing education<br />

penalty is completed and documentation is received by the Board.<br />

The Board further ORDERS that:<br />

1. Respondent shall abide by the Rules of Professional Conduct, the Texas<br />

Veterinary Licensing Act and the laws of the State of Texas and the United States.


Page 3<br />

D.V.M.<br />

2011-58<br />

2. Respondent shall cooperate with the Board's attorneys, investigators,<br />

compliance officers and other employees and agents investigating Respondent's<br />

compliance with this order.<br />

3. Failure by Respondent to comply with the terms of this Agreed Order or with<br />

any other provision of the Act or the Board Rules, may result in further<br />

disciplinary action.<br />

Respondent, by signing this Agreed Order, acknowledges his understanding of the<br />

Agreed Order, the notice, Findings of Fact and Conclusions of Law herein set forth, and<br />

agrees that he will satisfactorily comply with the mandates of the Agreed Order in a<br />

timely manner or be subject to appropriate disciplinary action by the Board.<br />

Respondent, by signing this Agreed Order, waives his right to a hearing and any right to<br />

seek judicial review of this Order. Respondent acknowledges that he is entitled to be<br />

represented by an attorney of Respondent's choice at his expense in any hearing before<br />

the Board.<br />

RESPONDENT WAIVES ANY FURTHER HEARINGS OR APPEALS TO THE<br />

<strong>BOARD</strong> OR TO ANY COURT IN REGARD TO ALL TERMS AND<br />

CONDITIONS <strong>OF</strong> THIS AGREED ORDER. RESPONDENT AGREES THAT<br />

THIS IS A FINAL ORDER.<br />

The date of this Agreed Order shall be the date it is adopted by the Texas Board of<br />

Veterinary Medical Examiners.<br />

I, __<br />

, D.V.M., HAVE READ AND UNDERSTAND THE<br />

FOREGOING AGREED ORDER. I UNDERSTAND THAT BY SIGNING IT, I<br />

WAIVE CERTAIN RIGHTS. I SIGN IT VOLUNTARILY. I UNDERSTAND<br />

THAT THIS THE ENTIRE AGREEMENT AND THERE IS<br />

NO OTHER <strong>OF</strong> ANY KIND, VERBAL, WRITTEN OR


Respondent has violated Section 801.402 (6) ·of the Veterinary Licensing Act, Texas<br />

Occupations Code, and is subject to disciplinary action by the Board:<br />

801.402. GENERAL GROUNDS FOR LICENSE DENIAL OR DISCIPLINARY<br />

ACTION. A person is subject to denial of a license or to disciplinary action under<br />

Section 801.401 if the person:<br />

(6) engages in practices or conduct that violates the board's rules of professional<br />

conduct.<br />

5. Based on Conclusions of Law 1 through 4, Respondent is subject to disciplinary action under<br />

Section 801.401 of the Veterinary Licensing Act, Texas Occupations Code:<br />

801.401. DISCIPLINARY POWERS <strong>OF</strong> <strong>BOARD</strong>. (a) If an applicant or license holder<br />

is subject to denial of a license or to disciplinary· action under Section 801.402, the Board<br />

may:<br />

(l) refuse to examine an applicant or to issue or renew a license;<br />

(2) revoke or suspend a license;<br />

(3) place on probation a license holder or person whose license has been<br />

suspended; .<br />

(4) reprimand a license holder; or<br />

(5) impose an administrative penalty<br />

(d) In addition to other disciplinary actions authorized by this subchapter, the<br />

board may require a license holder who violates this chapter to participate in a<br />

continuing education program.<br />

5. Based on Conclusions of Law 1 through 3, the Board may order the license holder to refund<br />

an amount not to exceed the amount a client paid to the license holder instead of or in addition to<br />

imposing an administrative penalty, under Section 801.408 of the Veterinary Licensing Act,<br />

Texas Occupations Code.<br />

NOW, THEREFORE, THE <strong>BOARD</strong> AND RESPONDENT AGREE AS FOLLOWS:<br />

Based on the above Findings of Fact and Conclusions of Law, the Board ORDERS that James<br />

Gieb, D.V.M., be FORMALLY REPRIMANDED.<br />

In addition, the Board ORDERS that James Gieb, D.V.M. complete an additional THREE (3)<br />

hours of continuing education in recordkeeping within one year of the date of this order.<br />

Documentation of the completion of the continuing education penalty shall be received within<br />

thirty (30) days of the end of the period to complete .the continuing education. If Respondent<br />

Agreed Order 2011-63<br />

_,D.V.M.<br />

Page 3


fails to provide documentation of completion within forty-five (45) days of the end of the period<br />

to complete the continuing education, further enforcement action will be taken.<br />

The Board further ORDERS that within 30 days of the date of this Order Respondent either send<br />

notification to the client of cancellation of the account payable, or pay to the client<br />

RESTITUTION of ONE HUNDRED SEVENTY FOUR DOLLARS ($174.00). If Respondent<br />

fails to either pay the restitution or send notification to the client of cancellation of the account<br />

payable, whichever is applicable, within 30 days of the date of this Order, enforcement action<br />

will be taken.<br />

The Board further ORDERS that:<br />

1. Respondent shall abide by the Rules. of Professional Conduct, the Texas Veterinary<br />

Licensing Act, and the laws of the State of Texas and the United States.<br />

2. Respondent shall cooperate with the Board's attorneys, investigators, compliance<br />

officers and other employees and agents investigating Respondent's compliance with this Order.<br />

3. Failure by Respondent to comply with the terms of this Agreed Order or with any<br />

other provisions of the Licensing Act or the Board Rules, may result in further disciplinary<br />

action .<br />

. Respondent, by slgrung-lliisAgreed Order, ackh6wleages msun:aerstanding-ofth-e-kgreed0rder;the<br />

notice, and Findings of Fact and Conclusions of Law herein set forth herein, and agrees that<br />

he will satisfactorily comply with the mandates of the Agreed Order in a timely manner or be<br />

subject to appropriate disciplinary action by the Board.<br />

Respondent, by signing this Agreed Order, waives his right to a formal hearing and any right to<br />

seek judicial review of this Agreed Order. Respondent acknowledges that he had the right to be<br />

represented by legal counsel in this matter.<br />

RESPONDENT WAIVES ANY FURTHER HEARINGS OR APPEALS TO<br />

. THE <strong>BOARD</strong> OR TO ANY COURT IN REGARD TO ALL TERMS AND<br />

CONDITIONS <strong>OF</strong> THIS AGREED ORDER. RESPONDENT AGREES<br />

. THAT THIS IS A FINAL ORDER.<br />

The effective date of this Agreed Order shall be the date it is adopted by the Board.<br />

I, D.V.M., HAVE READ AND UNDERSTAND THE FOREGOING AGREED<br />

Agreed Order 2011-63 Page 4<br />

_,D.V.M.


The Board further ORDERS that within 30 days of the date of this Order Respondent either send<br />

notification to the client of cancellation of the account payable, or pay to the client<br />

RESTITUTION of ONE THOUSAND FIVE HUNDRED THIRTY-ONE DOLLARS AND<br />

FORTY SIX CENTS ($1,531.46). If Respondent fails to either pay the restitution or send<br />

notification to the client of cancellation of the account payable, whichever is applicable, within<br />

30 days of the date of this Order, enforcement action will be taken.<br />

The Board further ORDERS that:<br />

1. Respondent shall abide by the Rules of Professional Conduct, the Texas Veterinary<br />

Licensing Act, and the laws of the State of Texas and the United States.<br />

2. Respondent shall cooperate with the Board's attorneys, investigators, compliance<br />

officers and other employees and agents investigating Respondent's compliance with this Order.<br />

3. Failure by Respondent to comply with the terms of this Agreed Order or with any<br />

other provisions of the Licensing Act or the Board Rules, may result in further disciplinary<br />

action.<br />

Respondent, by signing this Agreed Order, acknowledges his understanding of the Agreed Order,<br />

the notice, and Findings of Fact and Conclusions of Law herein set forth herein, and agrees that<br />

he will satisfactorily comply with the mandates of the Agreed Order in a timely manner or be<br />

subject to appropriate disciplinary action by the Board.<br />

Respondent, by signing this Agreed Order, waives his right to a formal hearing and any right to<br />

seek judicial review of this Agreed Order. Respondent acknowledges that he had the right to be<br />

represented by legal counsel in this matter.<br />

RESPONDENT WAIVES ANY FURTHER HEARINGS OR APPEALS TO<br />

THE <strong>BOARD</strong> OR TO ANY COURT IN REGARD TO ALL TERMS AND<br />

CONDITIONS <strong>OF</strong> THIS AGREED ORDER. RESPONDENT AGREES<br />

THAT THIS IS A FINAL ORDER.<br />

The effective date of this Agreed Order shall be the date it is adopted by the Board.<br />

-64<br />

D.V.M.<br />

Page 4


communities.<br />

4. Based on Findings of Fact 1 through 7 and Conclusions of Law 1 through 3, Respondent<br />

has violated Section 801.402 (6) of the Veterinary Licensing Act, Texas Occupations Code, and<br />

is subject to disciplinary action by the Board:<br />

801.402. GENERAL GROUNDS FOR LICENSE DENIAL OR DISCIPLINARY<br />

ACTION. A person is subject to denial of a license or to disciplinary action under<br />

Section 801.401 ifthe person:<br />

(6) engages in practices or conduct that violates the board's rules of professional<br />

conduct.<br />

5. Based on Conclusions of Law 1 through 4, Respondent is subject to disciplinary action<br />

under Section 801.401 of the Veterinary Licensing Act, Texas Occupations Code:<br />

801.401. DISCIPLINARY POWERS <strong>OF</strong> <strong>BOARD</strong>. (a) Ifan applicant or license holder<br />

is subject to denial of a license or to disciplinary action under Section 801.402, the Board<br />

may: (a)<br />

(1) refuse to examine an applicl;lnt or to issue or renew a license;<br />

(2) revoke or suspend a license;<br />

(3) place on probation a license holder or person whose license has been<br />

suspended;<br />

(4) reprimand a license holder; or<br />

(5) impose an administrative penalty.<br />

(d) In addition to other disciplinary actions authorized by this subchapter, the<br />

board may require a license holder who violates this chapter to participate in a<br />

continuing education program.<br />

6. Based on Conclusions of Law 1 through 4, the Board may order the license holder to<br />

refund an amount not to exceed the amount a client paid to the license holder instead of or in<br />

addition to imposing an administrative penalty, under Section 801.408 of the Veterinary<br />

Licensing Act, Texas Occupations Code.<br />

NOW, THEREFORE, THE <strong>BOARD</strong> AND RESPONDENT AGREE AS FOLLOWS:<br />

Based on the above Findings of Fact and Conclusions of Law, the Board ORDERS that_<br />

1·66<br />

D.V.M.<br />

Page 3


_ D.V.M., be INFORMALLY REPRIMANDED.<br />

The Board further ORDERS that Respondent pay, within 30 days of the date of this Order,<br />

RESTITUTION of TWO HUNDRED DOLLARS ($200.00). If Respondent fails to pay the<br />

restitution within 30 days of the date of this Order, enforcement action will be taken.<br />

In addition, the Board ORDERS D.V.M. complete an additional THREE<br />

(3) hours of continuing education and an additional FIVE (5) hours of<br />

continuing education in equine anesthesia, with all EIGHT (8) hours to be completed within one<br />

year of the date of this order. Documentation of the completion of the continuing education<br />

penalty shall be received by thirty (30) days following the end of the period to receive the<br />

continuing education required for this Order. If Respondent fails to provide documentation of<br />

completion within forty-five (45) days from the end of the period to receive the continuing<br />

education, Respondent's license shall be suspended until the continuing education penalty is<br />

completed and documentation is received by the Board.<br />

The Board also ORDERS that Respondent have a discussion with an investigator from the<br />

Board's Enforcement Division regarding proper controlled substance documentation within one<br />

year of the date of this order.<br />

The Board additionally ORDERS that Respondent shall take the June 2011 Texas veterinary<br />

jurisprudence exam.<br />

The Board further ORDERS that:<br />

1. Respondent shall abide by the Rules of Professional Conduct, the Texas Veterinary<br />

Licensing Act, and the laws of the State of Texas and the United States.<br />

2. Respondent shall cooperate with the Board's attorneys, investigators, compliance<br />

officers and other employees and agents investigating Respondent's compliance with this Order.<br />

3. Failure by Respondent to comply with the terms of this Agreed Order or with any<br />

other provisions of the Licensing Act or the Board Rules, may result in further disciplinary<br />

action.<br />

Respondent, by signing this Agreed Order, acknowledges his understanding of the Agreed Order,<br />

the notice, and Findings of Fact and Conclusions of Law set forth herein, and agrees that he will<br />

satisfactorily comply with the mandates of the Agreed Order in a timely manner or be subject to<br />

appropriate disciplinary action by the Board.<br />

Respondent, by signing this Agreed Order, waives his right to a formal hearing and any right to<br />

1-66<br />

D.V.M.<br />

Page 4


SIGNED AND ENTERED by the TE <strong>BOARD</strong> <strong>OF</strong> <strong>VETERINARY</strong> <strong>MEDICAL</strong><br />

<strong>EXAMINERS</strong> on this the,--,,"'--Q..ll!:::.J4-=+tI-&O=_, 20 J!.<br />

1-66<br />

D,V.M.<br />

Bud E. Alldredge, Jr., D.V.M., President<br />

Page 6


in_, Texas. Dr .• examination disclosed necrotic tissue on the cat's<br />

he was not sure the paw and leg could be saved. Dr. • prescribed stronger<br />

4. On February 15,2010, Respondent re-examined "Binky" and confirmed the right leg of<br />

the cat required amputation. The cause of the post operative necrotic tissue of the cat's right leg<br />

and paw was due to a tight wrap for excessive bleeding and the failure of the Respondent's<br />

technician to remove the bandages prior to discharge.<br />

Conclusions of Law<br />

1. Respondent is required to comply with the provisions of the Veterinary Licensing Act,<br />

Chapter 801, Texas Occupations Code, and with the Board's Rules.<br />

2. Based on Findings of Fact 1 through 4, Respondent failed to properly supervise his<br />

unlicensed employees and violated Rule 573.10, SUPERVISION <strong>OF</strong> NON-LICENSED<br />

EMPLOYEES, and Rule 573.11, RESPONSIBILITY FOR UNLICENSED AND LICENSED<br />

EMPLOYEES, of the Board Rule of Professional Conduct, which hold a licensee directly<br />

responsible for the actions of non-licensed employees acting within the scope of the employee's<br />

employment, and makes a licensee subject to disciplinary action for failing to properly supervise<br />

a non-licensed employee or improperly delegating care and/or treatment responsibilities.<br />

3. Based on Findings of Fact 1 through 4, Respondent violated Rule 573.22,<br />

PR<strong>OF</strong>ESSIONAL STANDARD <strong>OF</strong> HUMANE TREATMENT, of the Board Rules of<br />

Professional Conduct, which states that veterinarians shall exercise the same degree of humane<br />

care, skill and diligence in treating patients as are ordinarily used in the same or similar<br />

circumstances by average members of the veterinary medical profession in good standing in the<br />

locality or community in which they practice, or in similar communities.<br />

4. Based on Findings of Fact 1 through 4 and Conclusions of Law 1 through 3, Respondent<br />

has violated Section 801.402 (6) of the Veterinary Licensing Act, Texas Occupations Code, and<br />

is subject to disciplinary action by the Board:<br />

801.402. GENERAL GROUNDS FOR LICENSE DENIAL OR DISCIPLINARY<br />

ACTION. A person is subject to denial of a license or to disciplinary action under<br />

Section 801.401 if the person:<br />

Agreed Order 2011-67<br />

_ •• ' D.V.M.<br />

(6) engages in practices or conduct that violates the board's rules of professional<br />

conduct.<br />

Page 2


(3) place on probation a license holder or person whose license has been<br />

suspended;<br />

(4) reprimand a license holder; or<br />

(5) impose an administrative penalty.<br />

(d) In addition to other disciplinary actions authorized by this subchapter, the<br />

board may require a license holder who violates this chapter to participate in a<br />

continuing education program.<br />

5. Based on Conclusions of Law 1 through 4, the Board may order the license holder to<br />

refund an amount not to exceed the amount a client paid to the license holder instead of or in<br />

addition to imposing an administrative penalty, under Section 801.408 of the Veterinary<br />

Licensing Act, Texas Occupations Code.<br />

NOW, THEREFORE, THE <strong>BOARD</strong> AND RESPONDENT AGREE AS FOLLOWS:<br />

Based on the above Findings of Fact and Conclusions of Law, the Board ORDERS that _<br />

_ , D.V.M., be FORMALLY REPRIMANDED.<br />

The Board further ORDERS that Respondent pay, within 30 days of the date of this Order,<br />

RESTITUTION of EIGHTY FIVE DOLLARS ($85.00). If Respondent fails to pay the<br />

restitution within 30 days of the date of this Order, enforcement action will be taken.<br />

In addition, the Board ORDERS that D.V.M. complete an additional THREE<br />

(3) hours of continuing education in surgery to be completed within one year of the<br />

date of this order. Documentation of the completion of the continuing education penalty shall be<br />

received by thirty (30) days following the end of the period to receive the continuing education<br />

required for this Order. If Respondent fails to provide documentation of completion within<br />

forty-five (45) days from the end of the period to receive the continuing education, Respondent's<br />

license shall be suspended until the continuing education penalty is completed and<br />

documentation is received by the Board.<br />

The Board further ORDERS that:<br />

1. Respondent shall abide by the Rules of Professional Conduct, the Texas Veterinary<br />

Licensing Act, and the laws of the State of Texas and the United States.<br />

2. Respondent shall cooperate with the Board's attorneys, investigators, compliance<br />

officers and other employees and agents investigating Respondent's compliance with this Order.<br />

3. Failure by Respondent to comply with the terms of this Agreed Order or with any<br />

Page 3


05/13/201115:12 FI,X 8038358180 Dean /I, Sea rle I4J 005/007<br />

similar communities.<br />

4. Based on Findings of Fact 1 through 7 and Conclusions of Law 1 through 3, Respondent<br />

has violated Section 801.402 (6) of the Veterinary Licensing Act, Texas Occupations Code, and<br />

is subject to disciplinary action by the Board:<br />

801.402. GENERAL GROUNDS FOR LICENSE DENIAL OR DISCIPLINARY<br />

ACTION. A person is subject to denial of a license or to disciplinary action under<br />

Section 801.401 if the person:<br />

(6) engages in practices or conduct that violates the board's rules ofprofessional<br />

conduct.<br />

4. Based on Conclusions of Law 1 through 4, Respondent is subject to disciplinary action under<br />

Section 801.401 of the Veterinary Licensing Act, Texas Occupations Code:<br />

801.401. DISCIPLINARY POWERS <strong>OF</strong> <strong>BOARD</strong>. (a) If an applicant or license holder<br />

is subject to denial ofa license or to disciplinary action under Section 801.402, thl! Board<br />

may: (a)<br />

(1) refuse to examine an applicant or to issue or renew a license;<br />

(2) revoke or suspend a license;<br />

(3) place on probation a license holder or person whose license has been<br />

suspended;<br />

(4) reprimand a license holder; or<br />

(5) impose an administrative penalty.<br />

(d) In addition to other disciplinary actions authorized by this subchapter, the<br />

board may require a license holder who violates this chapter to participate in a<br />

continuing education program.<br />

NOW, THEREFORE, THE <strong>BOARD</strong> AND RESPONDENT AGREE AS FOLLOWS:<br />

Based on the above Findings of Fact and Conclusions of Law, the Board ORDERS that _<br />

_ , D.V.M., be FORMALLY REPRIMANDED.<br />

In addition, the Board ORDERS that D.V.M. complete an additional THREE<br />

(3) hours of continuing education an additional THREE (3) hours· of<br />

continuing education in soft tissue surgery, and an additional THREE (3) hours of continuing<br />

Page :;<br />

05/13/2011 15:45 RECEIVED FROM 8038358780 #4808-005


Page 2<br />

D.V.M.<br />

11-70<br />

ConcInsions of Law<br />

1. Respondent is required to comply with the provisions of the Veterinary Licensing Act,<br />

Chapter 801, Texas Occupations Code, and with the Board's rules.<br />

2. Based on Findings of Fact 1 and 2, Respondent has violated Rule 573.50,<br />

CONTROLLED SUBSTANCES RECORDS KEEPING FOR DRUGS ON HAND, of the<br />

Board's Rules of Professional Conduct, which states that a licensee shall maintain at their place<br />

of business records of all scheduled drugs listed in the Texas Controlled Substances Act in their<br />

possession. These records shall be maintained for a minimum of five years and contain specific<br />

information outlined in the rule including the balance on hand.<br />

3. Based on Finding of Fact 3, Respondent has violated Rule 573.41 USE <strong>OF</strong><br />

PRESCRIPTION DRUGS, of the Board's Rules of Professional Conduct, which states that it is<br />

unprofessional conduct for a licensed veterinarian to prescribe or dispense, deliver, or order<br />

delivered, any prescription drug without first having established a veterinarian/client/patient<br />

relationship and determined that such prescription drug is therapeutically indicated for the health<br />

and/or well-being of the animal(s).<br />

4. Based on Findings of Fact 1 and 2, Respondent has violated Section 801.359 of the<br />

Veterinary Licensing Act, Texas Occupations Code, which states the board shall require each<br />

veterinarian to maintain a recordkeeping system for controlled substances as required by Chapter<br />

481, Health and Safety Code.<br />

5. Based on Conclusions of Law 1 through 3, Respondent has violated Section 801.402 (6)<br />

of the Veterinary Licensing Act, Texas Occupations Code, and is subject to disciplinary action<br />

by the Board:<br />

801.402. GENERAL GROUNDS FOR LICENSE DENIAL OR DISCIPLINARY<br />

ACTION. A person is subject to denial of a license or to disciplinary action under<br />

Section 801.401 if the person:<br />

(6) engages in practices or conduct that violates the board's rules of professional<br />

conduct.<br />

6. Based on Conclusions of Law 1 through 5, Respondent is subject to disciplinary action<br />

under Section 801.401 of the Veterinary Licensing Act, Texas Occupations Code:<br />

801.401. DISCIPLINARY POWERS <strong>OF</strong> <strong>BOARD</strong>. (a) If an applicant or license holder<br />

is subject to denial of a license or to disciplinary action under Section 801.402, the Board<br />

may: (a)<br />

(1) refuse to examine an applicant or to issue or renew a license;


Page 3<br />

D.V.M.<br />

11-70<br />

(2) revoke or suspend a license;<br />

(3) place on probation a license holder or person whose license has been<br />

suspended;<br />

(4) reprimand a license holder; or<br />

(5) impose an administrative penalty.<br />

(d) In addition to other disciplinary actions authorized by this subchapter, the<br />

board may require a license holder who violates this chapter to participate in a<br />

continuing education program.<br />

7. Based on Conclusions of Law 1 through 5, Respondent may be disciplined in the manner<br />

set out in Section 801.451, IMPOSITION <strong>OF</strong> ADMINISTRATIVE PENALTY, of the<br />

Veterinary Licensing Act, which authorizes an administrative penalty for violations of the Act<br />

and Board rules, and in the manner set out in Section 801.401 DISCIPLINARY POWER <strong>OF</strong><br />

<strong>BOARD</strong>.<br />

NOW, THEREFORE, THE <strong>BOARD</strong> AND RESPONDENT AGREE AS FOLLOWS:<br />

The Board ORDERS that Respondent pay, within 45 days of the date of this Order, an<br />

ADMINISTRATIVE PENALTY of TWENTY FIVE HUNDRED dollars ($2,500.00). If<br />

Respondent fails to pay the administrative penalty within 45 days of the date of this Order,<br />

Respondent's license shall be suspended until the penalty is paid.<br />

Based on the. above Findings of Fact and Conclusions of Law, the Board ORDERS that _<br />

_ , D.V.M., be INFORMALLY REPRIMANDED.<br />

The Board further ORDERS Respondent complete an additional THREE (3) hours of continuing<br />

education in recordkeeping within one year of the date of this Order. Documentation of the<br />

completion of the continuing education penalty shall be received within thirty (30) days after one<br />

year ofthe date of this order. If Respondent fails to provide documentation of completion within<br />

forty-five (45) days of one year of the date ofthis order, Respondent's license may be suspended<br />

until the continuing education penalty is completed and documentation is received by the Board.<br />

In lieu of disciplinary action, Respondent may choose to voluntarily surrender his veterinary<br />

license and not renew his license in 2012.<br />

The Board further ORDERS that:<br />

1. Respondent shall abide by the Rules of Professional Conduct, the Texas Veterinary<br />

Licensing Act and the laws of the State of Texas and the United States.


CEASE AND DESIST ORDERS<br />

TAB 8


CEASE AND DESIST ORDER<br />

SWORN AFFIDAVIT<br />

(Cases #07-134)<br />

To the members of the Texas Board of Veterinary Examiners:<br />

This affidavit is to acknowledge that I have received a Cease and Desist Order from the Board as<br />

authorized by the Veterinary Licensing Act, Chapter 801-Veterinarians, Texas Occupations Code. I<br />

have read and understand the provisions of the Veterinary Licensing Act, particularly sections<br />

801.002,801.004 and 801.25lofthe Texas Occupations Code, that relate to the unlawful practice of<br />

veterinary medicine. I understand that the practice of veterinary medicine, as defined in section<br />

801.002 (5), is "the diagnosis, treatment, correction, change,manipulation, relief, or prevention of<br />

animal disease, deformity, defect, injury, or other physical condition, including the prescription or<br />

administration of a drug, biologic, anesthetic, apparatus, or other therapeutic or diagnostic substance or<br />

technique". I also understand that administering a prescription drug to an animal by anyone other<br />

than the animal's owner, an employee of the owner, or a designated caretaker of the animal is the<br />

practice of veterinary medicine under the Veterinary Licensing Act. I further understand an animal's<br />

owner, an employee of the owner, or a designated caretaker may administer prescription drugs to an<br />

animal unless the ownership, employment, or designation is established with the intent to evade the<br />

limitations set by Chapter 801 of the Texas Occupations Code. I affirm that I am not a licensed<br />

veterinarian in the State of Texas.<br />

In light ofthis knowledge, I agree to immediately cease and desist from engaging in any activities that


,<br />

CEASE AND DESIST ORDER<br />

SWORN AFFIDAVIT<br />

(Case #10-095)A<br />

To the members ofthe Texas State Board of Veterinary Examiriers:<br />

This affidavit is to· acknowledge that I have received a Cease and Desist Order from the Board as<br />

authorized by the Veterinary Licensing Act, Chapter SOl-Veterinarians, Texas Occupations Code. I<br />

have read aJ1.d understand the provisions of the Veterinary Licensing Act, particularly sections<br />

801.002, 801.004 and 80 L2510f the Texas Occupatioos Code,. that relate to the unlawful practice of<br />

veterinary medicine. I understand that administering vaccines to animals is a discipline or subset of<br />

the practice of vetedoary medicine. I understand that administering vaccines to animals shall only be<br />

practiced by a veterinarian licensed to practice veterinary medicine. I understand that advertising the<br />

service of administering vaccines to animals by a non-licensed person or using words, titles or letters<br />

to induce the belief that I am legally authorized aJ1.d qualified to administer vaccines to animals, is a<br />

violation ofthe Veterinary Licensing Act. I affirm that I am not a licensed veterinarian in the State of<br />

Texas.<br />

In light of this knowledge, I agree from the date of this Order forward to cease and desist from<br />

engaging in any advertising of activities or perform any activities that constitute the practice of<br />

veterinary medicine as defined by the Veterinary Licensing Actfor as long as I am not licensed as a<br />

veterinarian by the Texas State Board of Veterinary Medical Examiners. I understand that a person<br />

who violates an order issued under this chapter is subject to a civil penalty oUI, 000 for each day of<br />

violation. I understand that at the request of the Board, the attorney general shall bring an action to


Subscribed and sworn to before me, the undersigned authority, on this the 1T day of<br />

:;:r \AJU.. , 2011.<br />

Notary Public<br />

SIGNED AND ENTERED by the <strong>TEXAS</strong> <strong>BOARD</strong> <strong>OF</strong> <strong>VETERINARY</strong> <strong>MEDICAL</strong><br />

<strong>EXAMINERS</strong> on this the , 2011.<br />

-Cease and Desist Order<br />

Bud E. Alldredge, Jr., D.V.M., President<br />

Page 2 of2


Agenda Item 7<br />

Report from the Rules Committee<br />

a. Discussion, recommendation and possible action on rules to<br />

be proposed.<br />

TAB 9<br />

1. §575.5 Subpoenas/Witness Expenses<br />

Motion Options for Rule 575.5<br />

I move that we adopt the amendments to Board Rule 575.5 as presented.<br />

I move that we reject the amendments to Board Rule 575.5 and send this<br />

back to the Rules Committee for further consideration.<br />

I move that we reject the amendments to Board Rule 575.5.<br />

• Is there a Second?<br />

• Is there any discussion?<br />

• All in favor, say aye.<br />

• All opposed, say nay.


RULE §575.5 SUBPOENAS/WITNESS EXPENSES<br />

(a) In any proceeding involving an alleged violation of the Veterinary Licensing Act, Chapter 801, Occupations<br />

Code, including a contested case under the Administrative Procedure Act, Chapter 2001, Government Code, the<br />

Board may compel by subpoena:<br />

(1) the attendance of witnesses for examination under oath; and<br />

(2) the production for inspection or copying of books, accounts, records, papers, correspondence,<br />

documents, and other evidence relevant to the alleged violation.<br />

(b) A party to a contested case hearing may request that the Board issue a subpoena or subpoena duces tecum,<br />

in accordance with Section 2001.089 of the APA, as may be hereafter amended. The requesting party must show<br />

good cause, relevancy, necessity of the testimony or documents, lack of undue inconvenience, imposition or<br />

harassment of the party required to produce the testimony or documents, and must deposit sums necessary to insure<br />

payment of expenses incident to the subpoenas. The written request shall be addressed to a sheriff or constable for<br />

service in accordance with Section 2001.089 of the APA.<br />

(1) The party requesting the subpoena shall be responsible for the payment of any expense incurred in<br />

serving the subpoena, as well as reasonable and necessary expenses incurred by the witness who appears in<br />

response to the subpoena.<br />

(2) The party requesting a subpoena duces tecum shall describe and recite with great clarity, particularity<br />

and specificity the books, records, and documents to be produced. The written request shall contain a description of<br />

the item sought, the name, address and title, if any, of the person or entity who has custody or control over the items,<br />

and the date and location at which the items are sought to be produced.<br />

(3) If the subpoena is for the attendance of a witness, the written request shall contain the name, address,<br />

and title, if any, of the witness and the date and location at which the attendance of the witness is sought.<br />

(c) A subpoena issued at the request of the Board's staff may be served personally by a Board employee, by<br />

certified mail, or by any other means authorized by law.<br />

(d) The Board may delegate authority to issue subpoenas to the executive director.<br />

(e) A witness, called at the request of the Board in a contested case,<br />

who is not a party to the proceeding and<br />

who is subpoenaed to appear at a deposition or hearing or to produce books, papers, or other objects, shall be<br />

entitled to receive a fee of $25 per day and reimbursed for travel expenses in the same manner as Board employees.<br />

An expert witness called at the request of the Board shall be paid a fee of $200 per day and reimbursed for travel<br />

expenses in the same manner as Board employees.<br />

(f) The pendancy of a SOAH proceeding does not preclude the board from issuing an investigative subpoena at<br />

any time


Agenda Item 7<br />

Report from the Rules Committee<br />

a. Discussion, recommendation and possible action on rules to<br />

be proposed.<br />

2. §575.25 Recommended Schedule of Sanctions<br />

Motion Options for Rule 575.25<br />

I move that we adopt the amendments to Board Rule 575.25as<br />

presented.<br />

I move that we reject the amendments to Board Rule 575.25 and send<br />

this back to the Rules Committee for further consideration.<br />

I move that we reject the amendments to Board Rule 575.25.<br />

• Is there a Second?<br />

• Is there any discussion?<br />

• All in favor, say aye.<br />

• All opposed, say nay.


22 TAC §575.25 RECOMMENDED SCHEDULE <strong>OF</strong> SANCTIONS<br />

(a) Class A violations. Licensees considered as presenting imminent peril to the public will be considered Class<br />

A violators. In determining whether a violation is a Class A, consideration will be given to the disposition of any<br />

previously docketed cases, and to the combination of charges which might involve Class B and/or C violations.<br />

(1) Class A violations may include, but are not limited to:<br />

(A) conviction of a felony, including a felony conviction under the Health and Safety code, §485.032<br />

(formerly numbered; §485.033) relating to Delivery of an Abusable Volatile Chemical to a Minor, or<br />

Chapters 481 relating to Controlled Substances, or Chapter 483 relating to Dangerous Drugs;<br />

(B) gross malpractice with a pattern of acts indicating consistent malpractice, negligence, or<br />

incompetence in the practice of veterinary medicine;<br />

(C) revocation of a veterinary license in another jurisdiction;<br />

(D) mental incompetence found by a court of competent jurisdiction;<br />

(E) chronic or habitual intoxication or chemical dependency, or addiction to drugs;<br />

(F) issuance of a false certificate relating to the sale for human consumption of animal products;<br />

(G) presentation of dishonest or fraudulent evidence of qualifications or a determination of fraud or<br />

deception in the process of examination, or for the purpose of securing a license;<br />

(H) engaging in veterinary practices which are violative of the Rules of Professional Conduct; or<br />

(I) fraudulent issuance of health certificates, vaccination certificates, test charts, or other blank forms<br />

used in the practice of veterinary medicine that relate to the presence or absence of animal disease.<br />

(2) In assessing sanctions and/or penalties, consideration shall be given to the seriousness of the violation,<br />

including the nature, circumstances, extent, and gravity of any prohibited acts, and the potential hazard<br />

created to the health, safety, or economic welfare of the public; the economic harm to property or the<br />

environment caused by the violation; history of previous violations; what is necessary to deter future<br />

violations; and any other matters that justice may require.<br />

(3) Maximum penalties:<br />

(A) revocation of the license;<br />

(B) a penalty not exceeding $5,000 for each violation per day;<br />

(C) continuing education in a specified field related to the practice of veterinary medicine that the board<br />

deems relevant to the violation(s). The total number of hours mandated are in addition to the number of<br />

hours required to renew the veterinary license;<br />

(D) quarterly reporting certifying compliance with board orders.; and/or<br />

(E) Licensee sit for, and pass, the SBE.<br />

(b) Class B violations. Involves licensees who either (1) have violated rules and/or statutes, and committed a prior<br />

Class C violation; or (2) have violated rules and/or statutes and have not committed a prior violation, but the nature<br />

and severity of the violation(s) necessitates a greater penalty than that available for a Class C violation, but does not<br />

rise to the level of creating an imminent peril to the public. or have committed a Class C violation within the last 36month<br />

period. In determining whether a violation is a Class B, consideration will be given to the disposition of the<br />

previously docketed cases, and to the combination of charges which might invoke Class A and/or C violations.<br />

(1) Class B violations may include, but are not limited to:<br />

(A) engaging in dishonest or illegal practices in or connected with the practice of veterinary medicine;


(B) engaging in veterinary practices which are violative of the Rules of Professional Conduct;<br />

(C) permitting or allowing another to use his/her license or certificate to practice veterinary medicine;<br />

(D) committing fraud in application or reporting of any test of animal disease;<br />

(E) paying or receiving any kickback, rebate, bonus, or other remuneration for treating an animal or for<br />

referring a client to another provider of veterinary services or goods;<br />

(F) fraudulent issuance of health certificates, vaccination certificates, test charts, or other blank forms<br />

used in the practice of veterinary medicine that relate to the presence or absence of animal disease;<br />

(G) performing or prescribing unnecessary or unauthorized treatment;<br />

(H) ordering prescription drugs or controlled substances for the treatment of an animal without first<br />

establishing a valid veterinarian-patient-client relationship;<br />

(I) failure to maintain equipment and business premises in a sanitary condition; or<br />

(J) refusal to admit a representative of the board to inspect the client and patient records and business<br />

premises of the licensee during regular business hours.<br />

(2) In assessing sanctions and/or penalties, consideration shall be given to: the seriousness of the violation,<br />

including the nature, circumstances, extent, and gravity of any prohibited acts; the hazard or potential<br />

hazard created to the health, safety, or economic welfare of the public; the economic harm to property or the<br />

environment caused by the violation; the history of previous violations; what is necessary to deter future<br />

violations; and any other matters that justice may require.<br />

(3) Maximum penalties:<br />

(A) one to 10-year license suspension with none, all, or part probated;<br />

(B) a penalty not exceeding $5,000 for each violation per day;<br />

(C) continuing education in a specified field related to the practice of veterinary medicine that the board<br />

deems relevant to the violation(s). The total number of hours mandated are in addition to the number of<br />

hours required to renew the veterinary license;<br />

(D) quarterly reporting certifying compliance with board orders. and/or<br />

(E) Licensee sit for, and pass, the SBE.<br />

(c) Class C violations. Involve licensees who have violated the rules and/or statutes, but do not have a history of<br />

previous violations. Consideration should be given to the nature and severity of the violation(s).<br />

(1) Class C violations may include, but are not limited to, minor violations included in Class A and/or B in<br />

which there is no hazard or potential hazard created to the health, safety, or economic welfare of the public<br />

and no economic harm to property or to the environment.<br />

(2) In assessing sanctions, consideration should be given to the good or bad faith exhibited by the cited<br />

person; evidence that the violation was willful; extent to which the cited individual has cooperated with the<br />

investigation; and the extent to which the cited person has mitigated or attempted to mitigate any damage or<br />

injury caused.<br />

(3) Maximum penalties:<br />

(A) six months to one-year suspension with the entire period probated;<br />

(B) an administrative penalty not to exceed $500 for each violation per day; and/or<br />

(C) Licensee sit for, and pass, the SBE.


Agenda Item 7<br />

Report from the Rules Committee<br />

a. Discussion, recommendation and possible action on rules to<br />

be proposed.<br />

3. §575.27 Complaints--Receipt<br />

Motion Options for Rule 575.27<br />

I move that we adopt the amendments to Board Rule 575.27 as<br />

presented.<br />

I move that we reject the amendments to Board Rule 575.27 and send<br />

this back to the Rules Committee for further consideration.<br />

I move that we reject the amendments to Board Rule 575.27.<br />

• Is there a Second?<br />

• Is there any discussion?<br />

• All in favor, say aye.<br />

• All opposed, say nay.


RULE §575.27 COMPLAINTS—RECEIPT<br />

(a) Complaints against licensees.<br />

(1) All complaints filed by the public against bBoard licensees must be in writing on a complaint form<br />

provided by the board and signed by the complainant. The Board-approved complaint form can be<br />

obtained free of charge from the Board office or downloaded from the Board’s website at<br />

http://www/tbvme.state.tx.us/. If a complaint is transmitted to the Bboard orally or by means other<br />

than in writing and the complaint alleges facts showing a continuing of imminent threat to the public<br />

welfare, the requirement of a written complaint may be waived until later in the investigative<br />

process.<br />

(2) The Bboard may file a complaint on its own initiative.<br />

(3) Complaints by the Bboard’s enforcement section shall be initiated by the opening of a complaint<br />

file.<br />

(4) Complaints by the Bboard’s enforcement section shall be initiated by the opening of a complaint<br />

file.<br />

(5) Anonymous written complaints will normally not be investigated, but may be investigated if<br />

sufficient information exists for the Bboard to file a complaint under paragraph (2) of this<br />

subsection.<br />

(6) The Bboard shall utilize violation code numbers to distinguish between categories of complaints.<br />

(b) Complaints against non-licensees. Complaints against persons alleged to be practicing veterinary<br />

medicine without a license may be investigated and resolved informally by the executive director with the<br />

consent of the non-licensee, or the Board may utilize formal cease and desist procedures specified in<br />

§801.508, Occupations Code. Complaints not resolved by the executive director may be referred to a local<br />

prosecutor or the attorney general for legal action, as well as addressed in §801.508 of the Occupations<br />

Code.<br />

(c) Report to the Bboard of dismissed complaints. The executive director or the executive director’s designee<br />

shall advise the Bboard at each scheduled meeting of the complaints dismissed since the last meeting.<br />

(d) Use of Private Investigators. The executive director may approve the use of private investigators to assist in<br />

investigation of complaints where the use of Bboard investigators is not feasible or economical or where<br />

private investigators could provide valuable assistance to the Bboard investigators. Private investigators<br />

may be utilized in cases involving honesty, integrity and fair dealing; reinstatement applications; solicitation;<br />

fraud; dangerous drugs and controlled substances; and practicing veterinary medicine without a license.<br />

Private investigators will be utilized in accordance with existing purchasing rules of the Comptroller of Public<br />

Accounts.


Agenda Item 7<br />

Report from the Rules Committee<br />

a. Discussion, recommendation and possible action on rules to<br />

be proposed.<br />

4. §577.15 Fee Schedule<br />

Motion Options for Rule 577.15<br />

I move that we adopt the amendments to Board Rule 577.15as<br />

presented.<br />

I move that we reject the amendments to Board Rule 577.15and send<br />

this back to the Rules Committee for further consideration.<br />

I move that we reject the amendments to Board Rule 577.15.<br />

• Is there a Second?<br />

• Is there any discussion?<br />

• All in favor, say aye.<br />

• All opposed, say nay.


Option 1<br />

RULE §577.15 FEE SCHEDULE<br />

The following fees are proposed by the Board:<br />

Figure: 22 TAC §577.15<br />

(a) EXAMINATIONS FEE<br />

Texas State Board Licensing Exam (SBE) $155255<br />

Special License Exam $155255<br />

Equine Dental Provider Exam $50<br />

(b) APPLICATION PROCESSING<br />

Special and Regular License<br />

(except for Provisional License) $50100<br />

Equine Dental Provider $50<br />

(c) RENEWALS <strong>BOARD</strong> FEE PR<strong>OF</strong>. FEE TOTAL FEE<br />

License Renewal (current) $166181 $200 $366381<br />

Delinquent Renewals (90 days or less) $249272 $200 $449472<br />

Delinquent Renewals<br />

(over 90 days but less than one year) $332362 $200 $532562<br />

Inactive Renewals $166181 $0 $166181<br />

Delinquent Inactive Renewal (90 days or less) $249272 $0 $249272<br />

Delinquent Inactive Renewals<br />

(over 90 days but less than one year) $332362 $0 $332362<br />

Special License $161176 $200 $361376<br />

Delinquent Special License $242264 $200 $442464<br />

Renewals (90 days or less)<br />

Delinquent Special License $323352 $200 $523552<br />

Renewals (over 90 days but less than one year)<br />

Equine Dental Provider $100 $0 $100<br />

(d) PROVISIONAL LICENSE $255305 $0 $255305<br />

(e) TEMPORARY LICENSE $300 $0 $300<br />

(f) Criminal History Evaluation Letter $32 $0 $32<br />

(g) OPEN RECORDS<br />

Charges for all open records and other goods/services such as tapes, disks, will be in accordance with the Office of<br />

the Attorney General 1 TAC §§70.1 - 70.11 (relating to Cost of Copies of Public Information)<br />

(h) RETURNED CHECK FEE $25


Option 2<br />

RULE §577.15 FEE SCHEDULE<br />

The following fees are proposed by the Board:<br />

Figure: 22 TAC §577.15<br />

(a) EXAMINATIONS FEE<br />

Texas State Board Licensing Exam (SBE) $155305<br />

Special License Exam $155305<br />

Equine Dental Provider Exam $50<br />

(b) APPLICATION PROCESSING<br />

Special and Regular License<br />

(except for Provisional License) $50150<br />

Equine Dental Provider $50<br />

(c) RENEWALS <strong>BOARD</strong> FEE PR<strong>OF</strong>. FEE TOTAL FEE<br />

License Renewal (current) $166178 $200 $366378<br />

Delinquent Renewals (90 days or less) $249267 $200 $449467<br />

Delinquent Renewals<br />

(over 90 days but less than one year) $332356 $200 $532556<br />

Inactive Renewals $166178 $0 $166178<br />

Delinquent Inactive Renewal (90 days or less) $249267 $0 $249267<br />

Delinquent Inactive Renewals<br />

(over 90 days but less than one year) $332356 $0 $332356<br />

Special License $161173 $200 $361373<br />

Delinquent Special License $242260 $200 $442460<br />

Renewals (90 days or less)<br />

Delinquent Special License $323346 $200 $523546<br />

Renewals (over 90 days but less than one year)<br />

Equine Dental Provider $100 $0 $100<br />

(d) PROVISIONAL LICENSE $255355 $0 $255355<br />

(e) TEMPORARY LICENSE $300 $0 $300<br />

(f) Criminal History Evaluation Letter $32 $0 $32<br />

(g) OPEN RECORDS<br />

Charges for all open records and other goods/services such as tapes, disks, will be in accordance with the Office of<br />

the Attorney General 1 TAC §§70.1 - 70.11 (relating to Cost of Copies of Public Information)<br />

(h) RETURNED CHECK FEE $25


Option 3<br />

RULE §577.15 FEE SCHEDULE<br />

The following fees are proposed by the Board:<br />

Figure: 22 TAC §577.15<br />

(a) EXAMINATIONS FEE<br />

Texas State Board Licensing Exam (SBE) $155355<br />

Special License Exam $155355<br />

Equine Dental Provider Exam $50<br />

(b) APPLICATION PROCESSING<br />

Special and Regular License<br />

(except for Provisional License) $50200<br />

Equine Dental Provider $50<br />

(c) RENEWALS <strong>BOARD</strong> FEE PR<strong>OF</strong>. FEE TOTAL FEE<br />

License Renewal (current) $166176 $200 $366376<br />

Delinquent Renewals (90 days or less) $249264 $200 $449464<br />

Delinquent Renewals<br />

(over 90 days but less than one year) $332352 $200 $532552<br />

Inactive Renewals $166176 $0 $166176<br />

Delinquent Inactive Renewal (90 days or less) $249264 $0 $249264<br />

Delinquent Inactive Renewals<br />

(over 90 days but less than one year) $332352 $0 $332352<br />

Special License $161171 $200 $361371<br />

Delinquent Special License $242257 $200 $442457<br />

Renewals (90 days or less)<br />

Delinquent Special License $323342 $200 $523542<br />

Renewals (over 90 days but less than one year)<br />

Equine Dental Provider $100 $0 $100<br />

(d) PROVISIONAL LICENSE $255405 $0 $255405<br />

(e) TEMPORARY LICENSE $300 $0 $300<br />

(f) Criminal History Evaluation Letter $32 $0 $32<br />

(g) OPEN RECORDS<br />

Charges for all open records and other goods/services such as tapes, disks, will be in accordance with the Office of<br />

the Attorney General 1 TAC §§70.1 - 70.11 (relating to Cost of Copies of Public Information)<br />

(h) RETURNED CHECK FEE $25


Agenda Item 7<br />

Report from the Rules Committee<br />

a. Discussion, recommendation and possible action on rules to<br />

be proposed.<br />

5. §571.27 Disability Accommodations<br />

Motion Options for Rule 571.27<br />

I move that we adopt the amendments to Board Rule 571.27 as<br />

presented.<br />

I move that we reject the amendments to Board Rule 571.27 and send<br />

this back to the Rules Committee for further consideration.<br />

I move that we reject the amendments to Board Rule 571.27.<br />

• Is there a Second?<br />

• Is there any discussion?<br />

• All in favor, say aye.<br />

• All opposed, say nay.


RULE 571.27 DISABILITY ACCOMMODATIONS<br />

(a) The Board will evaluate all requests for examination protocol modifications to determine whether<br />

the applicant: 1) has a disability, as defined by the Americans with Disabilities Act of 1990 (ADA),<br />

and 2) is qualified for protection under Title II of the ADA. Such modifications must maintain the<br />

security of the examination. Exam modifications that fundamentally alter the nature or security of<br />

the exam are not permitted. Qualified individuals with disabilities are required to request<br />

reasonable accommodations every time they apply to take an examination, by the deadline for<br />

submission of disability accommodation requests as set out in the schedule on the Board website.<br />

(b) To request a modification of examination protocol on the basis of a disability, an applicant shall<br />

complete the ADA Accommodations Request Form available on the Board website, and submit<br />

documentation providing evidence of a substantial current limitation to physical or academic<br />

functioning. A prior history of accommodations, without demonstration of a current need, will not<br />

necessarily warrant approval of testing modifications.<br />

(1) Documentation for all disabilities shall describe the specific diagnosed disability, the extent of<br />

the disability, the criteria for the diagnosis, the type and length of treatment and the<br />

recommended accommodation.<br />

(2) The diagnosed disability must be specific. Terms such as “problems,” “deficiencies,”<br />

“weaknesses,” “differences,” and “learning disabilities” are not the equivalent of a specific<br />

diagnosed disability.<br />

(3) Documentation must state the specific requested accommodation. “Extended time” or<br />

“unlimited time” is not sufficient. Documentation shall indicate why specific accommodations<br />

are needed and how the effects of the specific disability are mediated by the recommended<br />

accommodations.<br />

(4) Documentation must state any medication that the applicant is currently taking that is directly<br />

linked to the disability and any effect that medication may have relating to the major life activity<br />

affected by the disability.<br />

(5) Documentation can include, but is not limited to, clinical evaluations performed by a licensed or<br />

qualified professional (e.g. physician or psychologist) who has conducted an examination of<br />

the applicant and has diagnosed a physical or mental impairment. Clinical evaluations can<br />

include, but are not limited to, a letter or detailed report from an evaluating professional on the<br />

evaluating professional’s official letterhead. If submitting a clinical evaluation, an applicant<br />

shall also submit the examining professional’s area of specialization and professional<br />

credentials, including any relevant certification and licensure.<br />

(6) Documentation shall not be older than three years from the date of submission.<br />

(7) All medical records provided to the Board are confidential under the Health Insurance<br />

Portability and Accountability Act of 1996 (HIPAA).<br />

(c) The entity giving the examination (i.e., TBVME or NBVME) shall be responsible for reviewing and<br />

determining whether to grant disability accommodation requests. Once accommodations have<br />

been granted, they may not be altered during the examination unless prior approval of the<br />

Executive Director is obtained.


Agenda Item 7<br />

Report from the Rules Committee<br />

b. Discussion, recommendation and possible action on rules to<br />

be repealed.<br />

TAB 10<br />

1. §573.17 Dentistry<br />

Motion Options for Rule 573.17<br />

I move that we repeal Board Rule 573.17.<br />

• Is there a Second?<br />

• Is there any discussion?<br />

• All in favor, say aye.<br />

• All opposed, say nay.


§573.17. Dentistry.<br />

(a) Definitions. Dentistry is the practice of veterinary medicine and means the application or<br />

use of any instrument or device to any portion of any animal's tooth, gum or any related<br />

tissue for the prevention, cure or relief of any wound, fracture, injury, disease or other<br />

condition of an animal's tooth, gum or related tissue. Dentistry may include the use of<br />

sedation or anesthesia to accomplish a dental procedure by a licensed veterinarian. Dentistry<br />

includes, but is not limited to:<br />

(1) "Preventive dental procedures" including, but not limited to, the removal of calculus,<br />

soft deposits, plaque, and stains, above the gum line or the smoothing, filing or polishing<br />

of tooth surfaces above the gum line;<br />

(2) "Equine teeth floating" defined as the smoothing, filing and polishing of the sharp<br />

projections or points of the teeth of animals;<br />

(3) "Operative dentistry/oral surgery" or any other dental procedure that invades the hard<br />

or soft oral tissue including a procedure that alters the structure of one or more teeth, or<br />

repairs damaged and diseased teeth, or the deliberate extraction of one or more teeth.<br />

(b) Supervision. Any non-licensee may perform animal teeth floating only if they are under<br />

the appropriate level of supervision of a licensed veterinarian as determined by the licensed<br />

veterinarian. The Supervision requirements of other dental activities are as determined by<br />

§573.10 of this title (relating to Supervision of Non-Licensed Employees.)<br />

(c) Responsibility. When equine teeth floating is performed by a non-licensee, the board will<br />

hold the licensee supervising the non-licensee responsible for the standard of care provided<br />

by the non-licensee. The board expects the non-licensee to practice at the same standard of<br />

care the licensed veterinarian would be required to provide to the public.<br />

(d) Prohibited acts. Any non-licensee who practices any other dental procedures on animals<br />

in a manner inconsistent with this rule shall be in violation of this rule and the Texas<br />

Veterinary Licensing Act.<br />

This rule is effective on July 1, 2011.


Agenda Item 7<br />

Report from the Rules Committee<br />

b. Discussion, recommendation and possible action on rules to<br />

be repealed.<br />

2. §575.26 Complaint Form<br />

Motion Options for Rule 575.26<br />

I move that we repeal Board Rule 575.26.<br />

• Is there a Second?<br />

• Is there any discussion?<br />

• All in favor, say aye.<br />

• All opposed, say nay.


RULE §575.26 COMPLAINT FORM<br />

(a) All complaints filed against a licensee must be submitted to the Board on the Board-approved standardized<br />

complaint form. The Board-approved complaint form can be obtained free of charge from the Board office or<br />

downloaded from the Board’s website at http://www.tbvme.state.tx.us/.<br />

(b) The complaint form must be physically delivered to the Board office or mailed to the Board office.


Agenda Item 8<br />

Discussion, recommendation and possible action on request from the<br />

Options for Animals – College of Animal Chiropractic to be<br />

approved/recognized as an acceptable provider of continuing<br />

education for Texas licensed veterinarians.<br />

Option 1:<br />

I move that we approve the request from the Options for Animals –<br />

College of Animal Chiropractic to be an approved and recognized<br />

acceptable provider for Texas licensed veterinarians.<br />

Option 2:<br />

I move that we deny the request from the Options for Animals –<br />

College of Animal Chiropractic.<br />

• Is there a Second?<br />

• Is there any discussion?<br />

• All in favor, say aye.<br />

• All opposed, say nay.


Agenda Item 9<br />

Discussion, recommendation and possible action regarding RACE<br />

approval process.


Agenda Item 10<br />

Discussion, recommendation and possible action regarding approval<br />

of agency response to the Audit Report from the State Auditor’s<br />

Office.


Agenda Item 11<br />

Appointment of Rules Committee Member


Agenda Item 12<br />

Appointment of Equine Dental Provider Advisory Committee


Agenda Item 13<br />

Discussion, recommendation and possible action regarding the<br />

establishment of a Continuing Education Committee


Agenda Item 14<br />

Executive Director’s Report<br />

b. Report On 2011 License Renewals<br />

TAB 11<br />

*Informational only, no motion required.


HISTORICAL BACKGROUND:<br />

2011 Annual Renewal Report<br />

May 31,2011<br />

On-line renewal for Texas licensed veterinarians has been operational since the latter part of2001, and was<br />

offered to licensed practitioners for their 2002 license renewal. Some used this method during 2002 renewal and<br />

a total of21 persons renewed on-line during that renewal year. The following years showed some small increase<br />

in this renewal method.<br />

The Texas Online Authority, an entity created by the legislature several years ago, mandates that all<br />

professional license holders utilize the online renewal system. As Texas government strives to function<br />

paperless and promotes e-commerce, agencies have been strongly encouraged to make their licensees renew online.<br />

In order to comply with the mandates and to further educate veterinary medical license holders, an<br />

informational sheet was mailed to all licensees along with their 2005 license renewal packet. This informational<br />

sheet explained that the 2005 paper renewal form was the last such form they would receive and starting with<br />

2006 renewal, on-line renewal is strongly encouraged. Post card reminders are mailed during the first week in<br />

January of every year. An alternate renewal method is made available for those persons who refuse or are<br />

unable to renew on-line.<br />

STATISTICS: (fiscal year)<br />

2006 license renewal period - 79.4% compliance with on-line renewal method<br />

2007 license renewal period - 85.14% compliance with on-line renewal method<br />

2008 license renewal period - 85.41% compliance with on-line renewal method<br />

2009 license renewal period - 87.0% compliance with on-line renewal method<br />

2010 license renewal period - 89% compliance with on-line renewal method<br />

2011 License Renewal<br />

The 2011 on-line renewal module was made available starting January 5th. On that day, and throughout the<br />

renewal period, those who requested a renewal form were mailed a form. The process for inactive license<br />

renewal was simplified. Additionally, most new licensees are accustomed to working on-line and may renew<br />

on-line, thereby increasing participation.<br />

Approximately 90% of those eligible to renew on-line availed themselves of this method, as of this date. By the<br />

end of the fiscal year, a more accurate number will be available, as practitioners can continue to renew their<br />

license even in delinquent status. On May 31, 2011, there were 215 licensees in delinquent status. Reminder<br />

letters were sent on March 15, 2011. On March 1 st, as required by the Veterinary Licensing Act, 105 persons<br />

license was cancelled for failure to renew.<br />

06113111


c. Report On State Board Exams<br />

1. April 11, 2011<br />

Agenda Item 14<br />

Executive Director’s Report<br />

TAB 12<br />

*Informational only, no motion required.


<strong>TEXAS</strong> STATE <strong>BOARD</strong> LICENSING EXAMINATION<br />

APRIL 11,2011<br />

Texas A & M University, Rudder Tower<br />

COLLEGE STATION, <strong>TEXAS</strong><br />

STATE <strong>BOARD</strong> EXAMINATION RESULTS<br />

APPLICANT NUMBER PASS FAIL<br />

CATEGORY TESTED<br />

A & M STUDENTS* 108 106 002<br />

A&MOTHER** 001 001 -0-<br />

OUT-<strong>OF</strong>-STATE (includes 080 079 001<br />

foreign, accredited CVM)<br />

REACTIV A nON (retired to -0- -0- -0active<br />

through exam)<br />

REINSTATEMENTS*** 002 (I TEX '04, 002 -0-<br />

I TEX '05)<br />

FOREIGN (non-accredited 002 002 -0-<br />

CVM)<br />

TOTALS 193 190 003<br />

98% of the applicants passed the examination.<br />

*<br />

**<br />

***<br />

A & M grads<br />

A & M grads - retake- previously failed exam OR never pursued Texas license after graduation<br />

License previously cancelled for failure to renew<br />

Other Veterinary Colleges represented (Non-A & M) :<br />

Univ. of Georgia 1 Tufts University (MA)<br />

North Carolina State Univ. 1 Univ.ofTennessee<br />

Kansas State Univ. 3 Oklahoma State Univ.<br />

Univ.ofFlorida 4 Univ. of Glasgow, Scotland<br />

Univ. of Cal. Davis 2 Univ.ofMaryland<br />

Mississippi State Univ. 4 Iowa State Univ.<br />

Ross Univ. St. Kitts, West Indies- 7 Washington State Univ.<br />

Colorado State Univ. 9 St. George's Univ. Grenada, West Indies-<br />

Michigan State Univ. 4 Cornell Univ. (NY)<br />

Tuskegee (AL) 9 Massey Univ., New Zealand<br />

Louisiana State Univ. 6 Univ. ofUtrech, Netherlands<br />

Andhra Vet. College, India 1 Murdoch Univ., Australia<br />

Univ. ofpE!, Canada 1 Univ. of Saskatchewan, Canada<br />

4<br />

1<br />

13<br />

1<br />

1<br />

1<br />

2<br />

1<br />

2<br />

1<br />

1<br />

1<br />

1


Agenda Item 14<br />

Executive Director’s Report<br />

d. Operating Budget<br />

1. Status of FY 2011 Operating Budget<br />

TAB 13<br />

*Informational only, no motion required.


I. SALARIES & WAGES<br />

A. Exempt Salary<br />

B. Classified Salaries<br />

II. TOTAL SALARIES & WAGES<br />

III. OTHER PERSONNEL COSTS'<br />

IV. OPERATING COSTS<br />

A. Professional Fees and Services<br />

B. Consumable Supplies<br />

C. Utilities<br />

D. Travel<br />

E. Rent-Building<br />

F. Other Operating Expenses<br />

V. TOTAL OPERATING COSTS<br />

VI. CAPITAL BUDGET<br />

VII. OASI<br />

VIII. INSURANCE<br />

IX RETIREMENT<br />

X. .TOTAL EXPENDITURES<br />

XI. OPERATING TRANSFERS<br />

A. Health Professions Council<br />

XII GRAND TOTAL<br />

'Includes (BRP) Benefit Replacement Pay Funding<br />

<strong>TEXAS</strong> <strong>BOARD</strong> <strong>OF</strong> <strong>VETERINARY</strong> <strong>MEDICAL</strong> <strong>EXAMINERS</strong><br />

FISCAL YEAR 2011 BUDGET REPORT<br />

YEAR TO DATE AS <strong>OF</strong> 05/30/2011<br />

OPER. ESTYTD<br />

BUDGEI I;XPENDED VARIANCE<br />

$ 80,500 59,667 20,833<br />

622,798 455,519 167,279<br />

$ 703,298 515185 188,113<br />

$ 37,380 19,721 17,659<br />

$ 52,875 30,300 22,575<br />

10,489 4,280 6,209<br />

3,554 1,671 1,883<br />

32,064 10,329 21,735<br />

1,964 1,196 768<br />

64,248 61,336 22,912<br />

$ 185,194 109,112 76,082<br />

$ 0 0 0<br />

$ 56,000 39,086 16,914<br />

$ 68,000 58,709 9,291<br />

$ 36,000 27,924 8,076<br />

$ 1,085,872 644,018 281,854<br />

$ 8,173 8,173 0<br />

$ 1,094,045 652,191 281,854<br />

%<br />

VARIANCE<br />

25.9%<br />

26.9%<br />

26.7%<br />

47.2%<br />

42.7%<br />

59.2%<br />

53.0%<br />

67.8%<br />

39.1%<br />

27.2%<br />

41.1%<br />

ERR<br />

30.2%<br />

13.7%<br />

22.4%<br />

26.0%<br />

0.0%<br />

25.8%


XIII. REVENUE PROJECTIONS: OPER. YTD %<br />

BUDGET ACTUAL VARIANCE VARIANCE<br />

A. State Board Exam 49.050 59,930 10,880 22.2%<br />

B. Special License Exam 2,700 1,350 (1,350) -50.0%<br />

C. Licensure Application Fee 13,950 17,200 3,250 23.3%<br />

D. Renewals 1,098,175 1,072,843 (25,332) -2.3%<br />

E. Prior Year Renewals 0 11,636 11,636 ERR<br />

F. Renewal Penalties 20,000 39,257 19,257 96.3%<br />

G. Provisional Licenses 6,250 7,300 1,050 16.8%<br />

H. Duplicate Licenses 160 120 (40) -25.0%<br />

I. License Reactivation Fee 500 800 300 60.0%<br />

J. Administrative Penalties 20,000 35,500 15,500 77.5%<br />

K. Peer Assistance (Surcharge Overage) 0 0 0 ERR<br />

K. Office of Patient Protection 8,605 8,767 162 1.9%<br />

L. Subscripton Fee 32,745 35,040 2,295 7.0%<br />

XIV. TOTAL PROJECTED <strong>BOARD</strong> REVENUE $ 1,252,135 $ 1,254,703 $ 2,568 0.2%<br />

M. Professional Fees 1,256,000 1,264,900 8,900 0.7%<br />

N. Peer Assistance (Surcharges on Licensees) 35,425 35,460 35 0.1%<br />

O. Other Revenue 0 1,499 1,499 ERR<br />

XV. GRAND TOTAL, REVENUE $ 2,543,560 2,556,562 13,002 0.5%<br />

XVI. RENEWALSTATISTICS<br />

A. Number of paid current year license renewals 7,085 6,922 (163) -2.3%<br />

B. Number of active license renewals 6,280 6,325 45 0.7%<br />

2


e. Board Performance Update<br />

1. Enforcement Report<br />

A. Investigations<br />

Agenda Item 14<br />

Executive Director’s Report<br />

TAB 14<br />

*Informational only, no motion required.


Enforcement Trends<br />

Complaints: FY 08 FY 09 FY 10 FY 11 1<br />

Complaints Received 469 441 478 303<br />

Total Complaints Resolved 2 346 343 537 408<br />

Average Resolution Time (Days) 150 197 242 247.8<br />

Complaints Currently Open 9 2 7 41 172<br />

Complaint Disposition:<br />

FY 08 FY 09 FY 10 FY 11 1<br />

Informal Conferences 79 72 69 36<br />

Staff Conferences 105 92 126 81<br />

Docketed Complaints 96 137 108 69<br />

Resolved Complaints<br />

With Disciplinary Action<br />

83 82 77 84<br />

Other Major Activity: FY 08 FY 09 FY 10 FY 11 1<br />

Compliance Inspections<br />

� On Site 601 368 ---- 9 3<br />

� By Mail 10 238 808 298<br />

Comparison Between Complaints Resolved and Disciplinary Actions Taken<br />

Fiscal Year 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010<br />

Total Resolved Complaints 235 305 281 308 333 334 320 346 343 537<br />

Complaints Resolved<br />

With Disciplinary Action<br />

25 52 40 42 59 56 46 83 82 77<br />

% Disciplined 4 10.6 17.0 14.2 13.6 17.7 16.8 14.4 24.0 23.9 14.3<br />

1 As of May 31, 2011. In comparison, as of May 31, 2010, 345 complaints had been received.<br />

2 Includes previous fiscal year complaints.<br />

3 This will increase with additional travel funds available this summer.<br />

4 Calculation of % Disciplined has been modified due to audit recommendations.


18/24/2009<br />

TexVeTS CLOSED Complaints by Period<br />

9/112010 through 5/3112011


110199 12/2412010<br />

ICLOSE]) 191112010<br />

110274<br />

ICLOSED


IlQlQi 14/22/2010<br />

ICLOSEDI9110/2010


Corporate Ownership<br />

iCLOSED lr-iM Transferred to another file<br />

I r-iM Transferred to another file


TotallAverage<br />

Complaints Received this period: ·1 408.1<br />

ICalandar days for Complaints this period:IC:-<br />

10"-:1C:<br />

O'='9-=-1r-1 -=-24':c7=-.7=7cl<br />

1 Work days for Complaints this period: 1 723111 177.23


Agenda Item 14<br />

Executive Director’s Report<br />

e. Board Performance Update<br />

2. Licensing And Examinations Report<br />

TAB 15<br />

*Informational only, no motion required.


TexVeTS Veterinary License Statistics, Fiscal Year 11<br />

This Report, as 0[6/13/20111:35:36 PM


e. Board Performance Update<br />

3. Peer Assistance Report<br />

Agenda Item 14<br />

Executive Director’s Report<br />

TAB 16<br />

*Informational only, no motion required.


<strong>TEXAS</strong> <strong>BOARD</strong> <strong>OF</strong> <strong>VETERINARY</strong> <strong>MEDICAL</strong> <strong>EXAMINERS</strong><br />

FY 2011 PEER ASSISTANCE REPORT<br />

May 31, 2011<br />

Number of Participants:<br />

*Veterinarians 14<br />

*Veterinary Students 0<br />

Other:<br />

Veterinary Technicians -0-<br />

Family Members -0-<br />

Employee’s -0-<br />

Total Other 0<br />

Grand Total, Number of Participants** 14<br />

There are currently fourteen participants in the peer assistance program as of May 31, 2011.<br />

*Only veterinarians and veterinary students are funded by state funds.<br />

** “Participants” are defined as individuals who have signed a contract and are subject to monitoring<br />

requirements. Number indicated is the number participating in the program as of<br />

February 28, 2011.<br />

FY11 Revenue/Expenditures:<br />

Source<br />

Surcharges<br />

Total<br />

FY11 Revenue<br />

$ 35,460.00<br />

$ 35,460.00<br />

Remitted to PRN<br />

$ 22,500.00<br />

$ 22,500.00<br />

1<br />

Rev over Exp<br />

$12,960.00<br />

$12,960.00<br />

Payments are made to Professional Recovery Network on a quarterly basis. Data collected as of<br />

05/31/2011.


h. Update on legislation.<br />

Agenda Item 14<br />

Executive Director’s Report<br />

TAB 17


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AN ACT<br />

H.B.ANo.A412<br />

relating to the requirement that certain impaired veterinarians<br />

participate in a peer assistance program.<br />

BE IT ENACTED BY THE LEGISLATURE <strong>OF</strong> THE STATE <strong>OF</strong> <strong>TEXAS</strong>:<br />

SECTIONA1.AASection 801.401, Occupations Code, is amended by<br />

adding Subsection (e) to read as follows:<br />

(e)AAThe board may issue a disciplinary order directing a<br />

veterinarian to participate in the peer assistance program under<br />

Section 801.157 if the board determines that the veterinarian is an<br />

impaired professional as defined by Section 467.001, Health and<br />

Safety Code.<br />

SECTIONA2.AAThis Act takes effect September 1, 2011.<br />

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______________________________ ______________________________<br />

AAAAPresident of the Senate Speaker of the HouseAAAAAA<br />

I certify that H.B. No. 412 was passed by the House on April<br />

7, 2011, by the following vote:AAYeas 144, Nays 0, 1 present, not<br />

voting.<br />

______________________________<br />

Chief Clerk of the HouseAAA<br />

I certify that H.B. No. 412 was passed by the Senate on May<br />

24, 2011, by the following vote:AAYeas 31, Nays 0.<br />

APPROVED:AA_____________________<br />

AAAAAAAAAAAAAAAAAAAADateAAAAAAAAAA<br />

AAAAAAAAAAA_____________________<br />

AAAAAAAAAAAAAAAAAAGovernorAAAAAAA<br />

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H.B.ANo.A412<br />

______________________________<br />

Secretary of the SenateAAAA


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AN ACT<br />

H.B.ANo.A413<br />

relating to the confidentiality of certain information held by a<br />

veterinarian.<br />

BE IT ENACTED BY THE LEGISLATURE <strong>OF</strong> THE STATE <strong>OF</strong> <strong>TEXAS</strong>:<br />

SECTIONA1.AASection 801.353, Occupations Code, is amended by<br />

adding Subsections (d-1) and (g) and amending Subsection (f) to<br />

read as follows:<br />

(d-1)AAThe privilege provided by this section is waived by<br />

the client or the owner of the animal treated by the veterinarian in<br />

a proceeding to substantiate and collect on a debt incurred for<br />

veterinary services.<br />

(f)AAA veterinarian does not violate this section by<br />

providing the name or address of a client, or the rabies vaccination<br />

status of a specific client ’s specific animal, to a public health<br />

authority, veterinarian, [or] physician, or other licensed health<br />

care professional who requests the identity of the client to obtain<br />

information for:<br />

situation; or<br />

(1)AAthe verification of a rabies vaccination; [or]<br />

(2)AAother treatment involving a life-threatening<br />

(3)AAa public health purpose.<br />

(g)AAA public health authority that receives information<br />

under Subsection (f) shall maintain the confidentiality of the<br />

information, may not disclose the information under Chapter 552,<br />

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Government Code, and may not use the information for a purpose that<br />

does not directly relate to the protection of public health and<br />

safety.<br />

SECTIONA2.AAThis Act takes effect September 1, 2011.<br />

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H.B.ANo.A413


______________________________ ______________________________<br />

AAAAPresident of the Senate Speaker of the HouseAAAAAA<br />

I certify that H.B. No. 413 was passed by the House on April<br />

7, 2011, by the following vote:AAYeas 144, Nays 0, 1 present, not<br />

voting; and that the House concurred in Senate amendments to H.B.<br />

No. 413 on May 19, 2011, by the following vote:AAYeas 138, Nays 0, 2<br />

present, not voting.<br />

______________________________<br />

Chief Clerk of the HouseAAA<br />

I certify that H.B. No. 413 was passed by the Senate, with<br />

amendments, on May 16, 2011, by the following vote:AAYeas 31, Nays<br />

0.<br />

APPROVED: __________________<br />

AAAAAAAAAAAAAAAAADateAAAAAAA<br />

AAAAAAAAA __________________<br />

AAAAAAAAAAAAAAAGovernorAAAAAAA<br />

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H.B.ANo.A413<br />

______________________________<br />

Secretary of the SenateAAA


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AN ACT<br />

H.B.ANo.A414<br />

relating to the regulation of equine dentistry and the conducting<br />

of licensing examinations by the State Board of Veterinary Medical<br />

Examiners.<br />

BE IT ENACTED BY THE LEGISLATURE <strong>OF</strong> THE STATE <strong>OF</strong> <strong>TEXAS</strong>:<br />

SECTIONA1.AASection 801.002, Occupations Code, is amended by<br />

adding Subdivisions (3-a) and (4-a) to read as follows:<br />

(3-a)AA"Equine dentistry" means any diagnosis,<br />

treatment, or surgical procedure performed on the head or oral<br />

cavity of an equine animal. The term includes:<br />

(A)AAany procedure that invades the tissues of the<br />

oral cavity, including a procedure to:<br />

diseased teeth;<br />

(i)AAremove sharp enamel projections;<br />

(ii)AAtreat malocclusions of the teeth;<br />

(iii)AAreshape teeth; and<br />

(iv)AAextract one or more teeth;<br />

(B)AAthe treatment or extraction of damaged or<br />

(C)AAthe treatment of diseased teeth through<br />

restoration and endodontic procedures;<br />

(D)AAperiodontal treatments, including:<br />

plaque, and stains above the gum line; and<br />

(i)AAthe removal of calculus, soft deposits,<br />

(ii)AAthe smoothing, filing, and polishing<br />

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of tooth surfaces; and<br />

(E)AAdental radiography.<br />

(4-a)AA"Licensed equine dental provider" means a person<br />

who holds a license to practice equine dentistry issued under this<br />

chapter.<br />

SECTIONA2.AASection 801.151, Occupations Code, is amended by<br />

amending Subsection (c) and adding Subsections (e) and (f) to read<br />

as follows:<br />

(c)AAThe board shall adopt rules to:<br />

(1)AAprotect the public; [and]<br />

(2)AAensure that alternate therapies, including<br />

ultrasound diagnosis and therapy, magnetic field therapy, holistic<br />

medicine, homeopathy, chiropractic treatment, acupuncture, and<br />

laser therapy, are performed only by a veterinarian or under the<br />

supervision of a veterinarian; and<br />

(3)AAensure that equine dentistry is performed only by<br />

a veterinarian who is active and in good standing or by a licensed<br />

equine dental provider who is active and in good standing under the<br />

appropriate level of supervision of a veterinarian who is active<br />

and in good standing and who has established a<br />

veterinarian-client-patient relationship with the owner or other<br />

caretaker of an animal in accordance with Section 801.351.<br />

(e)AAThe board shall adopt rules to implement a jurisprudence<br />

examination for licensed equine dental providers, including rules<br />

relating to the development and administration of the examination,<br />

examination fees, guidelines for reexamination, examination<br />

grading, and provision of notice of examination results.<br />

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H.B.ANo.A414


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(f)AAThe board may not adopt rules that unreasonably restrict<br />

the selection by the owner or other caretaker of an animal of a<br />

licensed equine dental provider who is in good standing to provide<br />

equine dental services.<br />

SECTIONA3.AASections 801.154(b) and (d), Occupations Code,<br />

are amended to read as follows:<br />

(b)AAThe veterinarian license renewal fee set by the board<br />

under this chapter is the amount set by the board under Subsection<br />

(a) and an additional fee of $200.<br />

(d)AAThe additional fee under Subsection (b) does not apply<br />

to a veterinarian [license holder] who is:<br />

801.304; or<br />

801.306.<br />

(1)AAexempt from paying the renewal fee under Section<br />

(2)AAplaced on inactive status as provided by Section<br />

SECTIONA4.AASection 801.156, Occupations Code, is amended to<br />

read as follows:<br />

Sec.A801.156.AAREGISTRY. (a)AAThe board shall maintain a<br />

record of each license holder ’s [veterinarian ’s]:<br />

(1)AAname;<br />

(2)AAresidence address; and<br />

(3)AAbusiness address.<br />

(b)AAA license holder [veterinarian] shall notify the board<br />

of a change of business address or employer not later than the 60th<br />

day after the date the change takes effect.<br />

SECTIONA5.AASection 801.203(b), Occupations Code, is amended<br />

to read as follows:<br />

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H.B.ANo.A414


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(b)AAThe board shall list with its regular telephone number<br />

any toll-free telephone number established under other state law<br />

for presenting a complaint about a license holder [veterinarian].<br />

SECTIONA6.AASection 801.2056(b), Occupations Code, is<br />

amended to read as follows:<br />

(b)AAA complaint delegated under this section shall be<br />

referred for informal proceedings under Section 801.408 if:<br />

(1)AAthe committee determines that the complaint should<br />

not be dismissed or settled;<br />

settlement; or<br />

(2)AAthe committee is unable to reach an agreed<br />

(3)AAthe license holder [veterinarian] who is the<br />

subject of the complaint requests that the complaint be referred<br />

for informal proceedings.<br />

SECTIONA7.AASections 801.251 and 801.252, Occupations Code,<br />

are amended to read as follows:<br />

Sec.A801.251.AALICENSE REQUIRED FOR PRACTICE <strong>OF</strong> <strong>VETERINARY</strong><br />

MEDICINE. Except as provided by Section 801.004, a person may not<br />

practice, or offer or attempt to practice, veterinary medicine<br />

unless the person holds a license to practice veterinary medicine<br />

issued under this chapter.<br />

Sec.A801.252.AAELIGIBILITY REQUIREMENTS FOR LICENSE TO<br />

PRACTICE <strong>VETERINARY</strong> MEDICINE. The board shall issue a license to<br />

practice veterinary medicine to a person who is qualified to be<br />

licensed to practice veterinary medicine under this chapter. A<br />

person is qualified to be licensed to practice veterinary medicine<br />

if:<br />

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H.B.ANo.A414


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(1)AAthe person has attained the age of majority;<br />

(2)AAthe person is a graduate of a board-approved<br />

school or college of veterinary medicine;<br />

(3)AAthe person successfully completes the licensing<br />

examination for veterinarians conducted by the board; and<br />

(4)AAthe board does not refuse to issue a license to the<br />

person under Section 801.401.<br />

SECTIONA8.AAThe heading to Section 801.253, Occupations<br />

Code, is amended to read as follows:<br />

Sec.A801.253.AALICENSING EXAMINATIONS FOR VETERINARIANS.<br />

SECTIONA9.AASection 801.253(a), Occupations Code, is amended<br />

to read as follows:<br />

(a)AAThe board shall [hold a regular meeting at least twice<br />

each year to] conduct licensing examinations for veterinarians as<br />

provided by board rule. The board shall conduct the examination at<br />

a time and place the board determines is convenient for applicants.<br />

SECTIONA10.AAThe heading to Section 801.256, Occupations<br />

Code, is amended to read as follows:<br />

MEDICINE.<br />

Sec.A801.256.AASPECIAL LICENSE TO PRACTICE <strong>VETERINARY</strong><br />

SECTIONA11.AASection 801.256(a), Occupations Code, is<br />

amended to read as follows:<br />

(a)AAThe board may issue a special license to practice<br />

veterinary medicine to an applicant who is:<br />

(1)AAa member of the faculty or staff of a<br />

board-approved veterinary program at an institution of higher<br />

education;<br />

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H.B.ANo.A414


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Commission;<br />

(2)AAa veterinarian employee of the Texas Animal Health<br />

(3)AAa veterinarian employee of the Texas Veterinary<br />

Medical Diagnostic Laboratory; or<br />

(4)AAa person licensed to practice veterinary medicine<br />

in another jurisdiction, if the board determines that the person ’s<br />

specialty practice is unrepresented or underrepresented in this<br />

state.<br />

SECTIONA12.AAThe heading to Section 801.257, Occupations<br />

Code, is amended to read as follows:<br />

MEDICINE.<br />

Sec.A801.257.AAPROVISIONAL LICENSE TO PRACTICE <strong>VETERINARY</strong><br />

SECTIONA13.AASection 801.257(a), Occupations Code, is<br />

amended to read as follows:<br />

(a)AAThe board may grant a provisional license to practice<br />

veterinary medicine to an applicant who presents proof that the<br />

applicant:<br />

another state that:<br />

(1)AAis licensed in good standing as a veterinarian in<br />

(A)AAhas licensing requirements substantially<br />

equivalent to the requirements of this chapter; and<br />

(B)AAmaintains professional standards the board<br />

considers equivalent to the professional standards of this chapter;<br />

and<br />

(2)AAhas passed a national or other examination<br />

recognized by the board relating to veterinary medicine.<br />

H.B.ANo.A414<br />

SECTIONA14.AASection 801.258, Occupations Code, is amended<br />

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to read as follows:<br />

Sec.A801.258.AATEMPORARY LICENSE TO PRACTICE <strong>VETERINARY</strong><br />

MEDICINE. The board by rule may provide for the issuance of a<br />

temporary license to practice veterinary medicine.<br />

SECTIONA15.AASubchapter F, Chapter 801, Occupations Code, is<br />

amended by adding Sections 801.259, 801.260, 801.261, 801.262,<br />

801.263, and 801.264 to read as follows:<br />

Sec.A801.259.AALICENSED EQUINE DENTAL PROVIDER<br />

DESIGNATIONS. (a)AAA person may not represent to the public that<br />

the person is authorized to perform equine dentistry or use the<br />

titles "dentist," "certified equine dental provider," "equine<br />

dental provider," "CEDP," or "EDP" unless specifically authorized<br />

by Subsection (b).<br />

(b)AAOnly a licensed equine dental provider who is certified<br />

in accordance with Section 801.261(a)(3) may use the title<br />

"certified equine dental provider" or the designation "CEDP." Only<br />

a licensed equine dental provider who is licensed before September<br />

1, 2013, and who is not certified in accordance with Section<br />

801.261(a)(3) may use the title "equine dental provider" or the<br />

designation "EDP."<br />

Sec.A801.260.AALICENSE REQUIRED FOR EQUINE DENTISTRY. A<br />

person may not perform equine dentistry or offer or attempt to act<br />

as an equine dental provider unless the person is:<br />

or<br />

H.B.ANo.A414<br />

(1)AAa veterinarian who is active and in good standing;<br />

(2)AAa licensed equine dental provider who is active<br />

and in good standing performing under the supervision of a<br />

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veterinarian who is active and in good standing.<br />

Sec.A801.261.AALICENSED EQUINE DENTAL PROVIDER:<br />

APPLICATION, QUALIFICATIONS, AND ISSUANCE. (a)AAThe board shall<br />

issue an equine dental provider license to a person who is qualified<br />

under this section. A person is qualified to be licensed as an<br />

equine dental provider if the person:<br />

(1)AApasses a jurisprudence examination conducted by<br />

the board in accordance with Section 801.264;<br />

rule; and<br />

(2)AAis not disqualified under this chapter or board<br />

(3)AAis certified by the International Association of<br />

Equine Dentistry or another board-approved certification entity or<br />

organization.<br />

(b)AAAn applicant for an equine dental provider license must<br />

submit to the board:<br />

board;<br />

(1)AAan application on the form prescribed by the<br />

(2)AAinformation to enable the board to conduct a<br />

criminal background check as required by the board; and<br />

(3)AAany other information required by the board.<br />

Sec.A801.262.AASCOPE <strong>OF</strong> PRACTICE <strong>OF</strong> LICENSED EQUINE DENTAL<br />

PROVIDER. (a)AAA licensed equine dental provider may not perform<br />

equine dentistry unless the provider is active and in good standing<br />

and performs equine dentistry under the general supervision of a<br />

veterinarian who is active and in good standing.<br />

(b)AAA licensed equine dental provider may perform only the<br />

following equine dental procedures:<br />

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(1)AAremoving sharp enamel points;<br />

(2)AAremoving small dental overgrowths;<br />

(3)AArostral profiling of the first cheek teeth;<br />

(4)AAreducing incisors;<br />

(5)AAextracting loose, deciduous teeth;<br />

(6)AAremoving supragingival calculus;<br />

(7)AAextracting loose, mobile, or diseased teeth or<br />

dental fragments with minimal periodontal attachments by hand and<br />

without the use of an elevator; and<br />

(8)AAremoving erupted, non-displaced wolf teeth.<br />

(c)AASubsection (b) may not be construed to prohibit an<br />

employee of a veterinarian who is not a licensed equine dental<br />

provider from performing the equine dental procedures described in<br />

Subsection (b) if the employee is under the direct supervision of a<br />

veterinarian.<br />

(d)AAA copy of the dental chart of an equine animal is to be<br />

left with the person who authorizes an equine dental procedure and<br />

is to be made available to the supervising veterinarian upon<br />

request.<br />

Sec.A801.263.AALICENSED EQUINE DENTAL PROVIDER<br />

RESPONSIBILITY. A licensed equine dental provider shall be held to<br />

the same standard of care as a veterinarian when the provider<br />

performs the equine dental procedures described in Section<br />

801.262(b).<br />

H.B.ANo.A414<br />

Sec.A801.264.AAJURISPRUDENCE EXAMINATION. The board shall<br />

develop and administer a jurisprudence examination for licensed<br />

equine dental providers to determine an applicant ’s knowledge of<br />

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this chapter, board rules, and any other applicable laws of this<br />

state affecting the applicant ’s equine dentistry practice.<br />

SECTIONA16.AASections 801.303(b) and (c), Occupations Code,<br />

are amended to read as follows:<br />

(b)AAA person whose license has been expired for 90 days or<br />

less may renew the license by paying to the board a renewal fee that<br />

is equal to the sum of 1-1/2 times the renewal fee set by the board<br />

under Section 801.154(a) and the additional fee required by Section<br />

801.154(b), if applicable.<br />

(c)AAA person whose license has been expired for more than 90<br />

days but less than one year may renew the license by paying to the<br />

board a renewal fee that is equal to the sum of two times the renewal<br />

fee set by the board under Section 801.154(a) and the additional fee<br />

required by Section 801.154(b), if applicable.<br />

SECTIONA17.AASection 801.304, Occupations Code, is amended<br />

to read as follows:<br />

Sec.A801.304.AAFEE EXEMPTION. A veterinarian [license<br />

holder] is exempt from the fee requirements imposed under Section<br />

801.303 if the veterinarian [license holder]:<br />

(1)AAis on active duty with the Armed Forces of the<br />

United States and does not engage in private or civilian practice;<br />

or<br />

(2)AAis permanently and totally retired.<br />

SECTIONA18.AASection 801.305(a), Occupations Code, is<br />

amended to read as follows:<br />

H.B.ANo.A414<br />

(a)AAA person who was licensed to practice veterinary<br />

medicine in this state, moved to another state, and is currently<br />

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licensed in good standing and has been in practice in the other<br />

state for the two years preceding the date of application may obtain<br />

a new license to practice veterinary medicine without<br />

reexamination.<br />

SECTIONA19.AASection 801.306, Occupations Code, is amended<br />

to read as follows:<br />

Sec.A801.306.AAINACTIVE STATUS. The board by rule may<br />

provide for the placement of a license holder [veterinarian] on<br />

inactive status. The rules adopted under this section must include<br />

a limit on the time a license holder [veterinarian] may remain on<br />

inactive status.<br />

SECTIONA20.AASections 801.307(a) and (b), Occupations Code,<br />

are amended to read as follows:<br />

(a)AAThe board by rule shall establish a minimum number of<br />

hours of continuing education required to renew a license to<br />

practice veterinary medicine. The board shall require six hours of<br />

continuing education annually to renew an equine dental provider<br />

license.<br />

(b)AAThe board may:<br />

(1)AAestablish general categories of continuing<br />

education that meet the needs of license holders [veterinarians];<br />

and<br />

(2)AArequire a license holder [veterinarian] to<br />

successfully complete continuing education courses.<br />

SECTIONA21.AASections 801.352(b) and (c), Occupations Code,<br />

are amended to read as follows:<br />

(b)AAA veterinarian may not:<br />

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(1)AAallow a person who does not hold a license to<br />

practice veterinary medicine issued under this chapter to interfere<br />

with or intervene in the veterinarian ’s practice of veterinary<br />

medicine; or<br />

(2)AAsubmit to interference or intervention by a person<br />

who does not hold a license to practice veterinary medicine issued<br />

under this chapter.<br />

(c)AAA veterinarian shall avoid a relationship that may<br />

result in interference with or intervention in the veterinarian ’s<br />

practice of veterinary medicine by a person who does not hold a<br />

license to practice veterinary medicine issued under this chapter.<br />

SECTIONA22.AASection 801.3541, Occupations Code, is amended<br />

to read as follows:<br />

Sec.A801.3541.AALOCATION <strong>OF</strong> <strong>VETERINARY</strong> PRACTICE. The<br />

premises on which a veterinary practice is located may be owned by a<br />

person or other legal entity that does not hold a license to<br />

practice veterinary medicine issued under this chapter.<br />

SECTIONA23.AASections 801.402, 801.403, and 801.404,<br />

Occupations Code, are amended to read as follows:<br />

Sec.A801.402.AAGENERAL GROUNDS FOR LICENSE DENIAL OR<br />

DISCIPLINARY ACTION. A person is subject to denial of a license or<br />

to disciplinary action under Section 801.401 if the person:<br />

(1)AApresents to the board dishonest or fraudulent<br />

evidence of the person ’s qualifications;<br />

(2)AAcommits fraud or deception in the examination<br />

process or to obtain a license;<br />

H.B.ANo.A414<br />

(3)AAis chronically or habitually intoxicated,<br />

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chemically dependent, or addicted to drugs;<br />

(4)AAengages in dishonest or illegal practices in, or<br />

connected with, the practice of veterinary medicine or the practice<br />

of equine dentistry;<br />

(5)AAis convicted of a felony under the laws of this<br />

state, another state, or the United States;<br />

(6)AAengages in practices or conduct that violates the<br />

board ’s rules of professional conduct;<br />

(7)AApermits another to use the person ’s license to<br />

practice veterinary medicine or to practice equine dentistry in<br />

this state;<br />

(8)AAfraudulently issues a health certificate,<br />

vaccination certificate, test chart, or other form used in the<br />

practice of veterinary medicine or the practice of equine dentistry<br />

that relates to the presence or absence of animal disease;<br />

(9)AAissues a false certificate relating to the sale<br />

for human consumption of inedible animal products;<br />

(10)AAcommits fraud in connection with the application<br />

or reporting of a test of animal disease;<br />

(11)AApays or receives a kickback, rebate, bonus, or<br />

other remuneration for treating an animal or for referring a client<br />

to another provider of veterinary or equine dental services or<br />

goods;<br />

(12)AAperforms or prescribes unnecessary or<br />

unauthorized treatment;<br />

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(13)AAorders a prescription drug or controlled<br />

substance for the treatment of an animal without first establishing<br />

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a veterinarian-client-patient relationship;<br />

(14)AArefuses to admit a board representative to<br />

inspect the person ’s client and patient records and business<br />

premises during regular business hours;<br />

(15)AAfails to keep the person ’s equipment and business<br />

premises in a sanitary condition;<br />

(16)AAcommits gross malpractice or a pattern of acts<br />

that indicate consistent malpractice, negligence, or incompetence<br />

in the practice of veterinary medicine or the practice of equine<br />

dentistry; or<br />

(17)AAis subject to disciplinary action in another<br />

jurisdiction, including the suspension, probation, or revocation<br />

of a license to practice veterinary medicine or to practice equine<br />

dentistry issued by another jurisdiction.<br />

Sec.A801.403.AAFAILURE TO REPORT DISEASE. The board may<br />

suspend or revoke a license to practice veterinary medicine, place<br />

a veterinarian [license holder] on probation, or reprimand a<br />

veterinarian [license holder] if the veterinarian [license holder]<br />

knowingly fails to report a disease to the Texas Animal Health<br />

Commission as required by Section 161.101, Agriculture Code.<br />

Sec.A801.404.AAFAILURE TO MAINTAIN RECORDS. The board may<br />

suspend or revoke a license to practice veterinary medicine issued<br />

under this chapter or place on probation a veterinarian [license<br />

holder] if the veterinarian [license holder] fails to maintain<br />

records as required by Section 801.359.<br />

SECTIONA24.AASection 801.502(a), Occupations Code, is<br />

amended to read as follows:<br />

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(a)AAThe board, through the attorney general or a district or<br />

county attorney, may bring an action for an injunction, or a<br />

proceeding incident to an injunction, to:<br />

(1)AAenforce this chapter; or<br />

(2)AAenjoin a person, including a corporation,<br />

organization, business trust, estate, trust, partnership,<br />

association, or other legal entity, from practicing veterinary<br />

medicine or equine dentistry in violation of this chapter.<br />

SECTIONA25.AASections 801.506(a) and (b), Occupations Code,<br />

are amended to read as follows:<br />

(a)AAA sole proprietorship, partnership, or corporation may<br />

not engage in veterinary medicine unless the owner, each partner,<br />

or each shareholder, as appropriate, holds a license to practice<br />

veterinary medicine issued under this chapter.<br />

(b)AAA corporation, organization, business trust, estate,<br />

trust, partnership, association, or other legal entity not owned<br />

exclusively by one or more persons licensed to practice veterinary<br />

medicine under this chapter may not engage in veterinary medicine.<br />

SECTIONA26.AASection 801.508(a), Occupations Code, is<br />

amended to read as follows:<br />

(a)AAIf it appears to the board that a person is engaging in<br />

an act or practice that constitutes the practice of veterinary<br />

medicine without a license or the practice of equine dentistry<br />

without a license under this chapter, the board, after notice and<br />

opportunity for a hearing, may issue a cease and desist order<br />

prohibiting the person from engaging in the activity.<br />

H.B.ANo.A414<br />

SECTIONA27.AAChapter 801, Occupations Code, is amended by<br />

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adding Subchapter L to read as follows:<br />

SUBCHAPTERAL.AAEQUINE DENTAL PROVIDER ADVISORY COMMITTEE<br />

Sec.A801.551.AAEQUINE DENTAL PROVIDER ADVISORY COMMITTEE.<br />

(a)AAThe equine dental provider advisory committee is an informal<br />

advisory committee to the board and is not subject to Chapter 2110,<br />

Government Code.<br />

(b)AAThe advisory committee does not have any independent<br />

rulemaking authority but shall advise and assist the board in<br />

adopting rules relating to licensed equine dental providers.<br />

(c)AAThe board shall consult the advisory committee<br />

regarding matters relating to a disciplinary action that involves a<br />

licensed equine dental provider.<br />

Sec.A801.552.AAAPPOINTMENT <strong>OF</strong> ADVISORY COMMITTEE. (a)AAThe<br />

equine dental provider advisory committee is composed of three<br />

members appointed by the presiding officer of the board as follows:<br />

(1)AAtwo members who are licensed equine dental<br />

providers, have resided in and engaged in the practice of smoothing<br />

or filing teeth by floating in this state for the five years<br />

immediately preceding the date of appointment, and are of good<br />

repute; and<br />

(2)AAone veterinarian member who is active and in good<br />

standing and who supervises a licensed equine dental provider.<br />

(b)AANotwithstanding Subsection (a)(1), the advisory<br />

committee members appointed under Subsection (a)(1) are not<br />

required to hold a license to practice equine dentistry issued<br />

under this chapter until September 1, 2012. This subsection<br />

expires September 1, 2013.<br />

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(c)AAAppointments to the advisory committee shall be made<br />

without regard to the race, color, disability, sex, religion, age,<br />

or national origin of the appointees.<br />

Sec.A801.553.AATERMS; VACANCY. (a)AAMembers of the equine<br />

dental provider advisory committee are appointed for staggered<br />

six-year terms. The terms of the members expire on February 1 of<br />

each odd-numbered year.<br />

(b)AAIf a vacancy occurs during a member ’s term, the<br />

presiding officer of the board shall appoint a new member to fill<br />

the unexpired term.<br />

(c)AAAn advisory committee member may not serve more than two<br />

consecutive full terms.<br />

Sec.A801.554.AAGROUNDS FOR REMOVAL. (a)AAIt is a ground for<br />

removal from the equine dental provider advisory committee that a<br />

member:<br />

(1)AAdoes not have at the time of appointment the<br />

qualifications required by Section 801.552;<br />

(2)AAdoes not maintain during service on the advisory<br />

committee the qualifications required by Section 801.552; and<br />

(3)AAcannot, because of illness or disability,<br />

discharge the member ’s duties for a substantial part of the member ’s<br />

term.<br />

(b)AAThe validity of an action of the advisory committee is<br />

not affected by the fact that it is taken when a ground for removal<br />

of an advisory committee member exists.<br />

H.B.ANo.A414<br />

Sec.A801.555.AA<strong>OF</strong>FICERS. The presiding officer of the board<br />

shall designate biennially an equine dental provider advisory<br />

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committee member as the presiding officer of the advisory committee<br />

to serve in that capacity at the will of the presiding officer of<br />

the board.<br />

Sec.A801.556.AAREIMBURSEMENT; COMPENSATION. An equine<br />

dental provider advisory committee member is not entitled to<br />

reimbursement for travel expenses or compensation.<br />

Sec.A801.557.AAMEETINGS. (a)AAThe equine dental provider<br />

advisory committee shall meet at the call of the presiding officer<br />

of the board.<br />

(b)AAA meeting may be held by telephone conference call.<br />

SECTIONA28.AASubchapter F, Chapter 411, Government Code, is<br />

amended by adding Section 411.0995 to read as follows:<br />

Sec.A411.0995.AAACCESS TO CRIMINAL HISTORY RECORD<br />

INFORMATION: STATE <strong>BOARD</strong> <strong>OF</strong> <strong>VETERINARY</strong> <strong>MEDICAL</strong> <strong>EXAMINERS</strong>. The<br />

State Board of Veterinary Medical Examiners is entitled to obtain<br />

from the department criminal history record information maintained<br />

by the department that relates to a person who is:<br />

(1)AAan applicant for a license to practice equine<br />

dentistry under Chapter 801, Occupations Code; or<br />

(2)AAthe holder of a license under that chapter.<br />

H.B.ANo.A414<br />

SECTIONA29.AA(a)AANot later than October 1, 2011, the<br />

presiding officer of the State Board of Veterinary Medical<br />

Examiners shall appoint the initial members of the equine dental<br />

provider advisory committee established under Subchapter L,<br />

Chapter 801, Occupations Code, as added by this Act, with the term<br />

of one member expiring February 1, 2013, the term of one member<br />

expiring February 1, 2015, and the term of one member expiring<br />

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February 1, 2017.<br />

(b)AANot later than June 1, 2012, the State Board of<br />

Veterinary Medical Examiners, in consultation with the equine<br />

dental provider advisory committee established under Subchapter L,<br />

Chapter 801, Occupations Code, as added by this Act, shall adopt the<br />

rules, procedures, and jurisprudence examination required to<br />

implement the licensure of equine dental providers under Chapter<br />

801, Occupations Code, as amended by this Act.<br />

(c)AANotwithstanding Section 801.260, Occupations Code, as<br />

added by this Act, a person employed as an equine dental provider is<br />

not required to hold a license under Chapter 801, Occupations Code,<br />

and is not subject to the imposition of a penalty for not holding a<br />

license under that chapter before September 1, 2012.<br />

SECTIONA30.AA(a)AABefore September 1, 2012, the State Board<br />

of Veterinary Medical Examiners shall issue an equine dental<br />

provider license required by Section 801.260, Occupations Code, as<br />

added by this Act, to a person who is not certified by the<br />

International Association of Equine Dentistry or another<br />

board-approved entity or organization if the person:<br />

(1)AApresents proof of graduation from and completion<br />

of 280 hours of course work at a board-approved equine dental school<br />

or another board-approved entity or organization; and<br />

H.B.ANo.A414<br />

(2)AAsubmits, with the application and other<br />

information required under Section 801.261(b), Occupations Code,<br />

as added by this Act, two notarized affidavits in which<br />

veterinarians who are licensed to practice in this state and are in<br />

good standing with the board state that they know the person and<br />

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that the person is competent in the practice of smoothing or filing<br />

teeth by floating.<br />

(b)AAA license issued under this section may be renewed in<br />

the same manner as a license issued to a person under Section<br />

801.261, Occupations Code, as added by this Act.<br />

(c)AAThe State Board of Veterinary Medical Examiners may<br />

waive the requirement of Subsection (a)(1) if an applicant<br />

demonstrates proficiency by submitting:<br />

(1)AAfinancial records that show the applicant has<br />

earned the majority of the applicant ’s income for the two years<br />

preceding the effective date of this Act by performing equine<br />

dental services; or<br />

(2)AAsworn affidavits from at least two clients who<br />

certify that the applicant has performed satisfactorily in<br />

addressing the dental needs of the client ’s animal.<br />

(d)AAThis section expires September 1, 2012.<br />

SECTIONA31.AAThis Act takes effect September 1, 2011.<br />

20<br />

H.B.ANo.A414


______________________________ ______________________________<br />

AAPresident of the Senate Speaker of the HouseAAAAAA<br />

I certify that H.B. No. 414 was passed by the House on April<br />

7, 2011, by the following vote:AAYeas 144, Nays 0, 1 present, not<br />

voting; that the House refused to concur in Senate amendments to<br />

H.B. No. 414 on May 24, 2011, and requested the appointment of a<br />

conference committee to consider the differences between the two<br />

houses; and that the House adopted the conference committee report<br />

on H.B. No. 414 on May 29, 2011, by the following vote:AAYeas 140,<br />

Nays 4, 1 present, not voting.<br />

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H.B.ANo.A414<br />

______________________________<br />

Chief Clerk of the HouseAAA


I certify that H.B. No. 414 was passed by the Senate, with<br />

amendments, on May 20, 2011, by the following vote:AAYeas 31, Nays<br />

0; at the request of the House, the Senate appointed a conference<br />

committee to consider the differences between the two houses; and<br />

that the Senate adopted the conference committee report on H.B. No.<br />

414 on May 29, 2011, by the following vote:AAYeas 31, Nays 0.<br />

APPROVED: __________________<br />

AAAAAAAAAAAAAAAAADateAAAAAAA<br />

AAAAAAAAA __________________<br />

AAAAAAAAAAAAAAAGovernorAAAAAAA<br />

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H.B.ANo.A414<br />

______________________________<br />

Secretary of the SenateAAA


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AN ACT<br />

S.B.ANo.A811<br />

relating to the regulation of the practice of veterinary medicine.<br />

BE IT ENACTED BY THE LEGISLATURE <strong>OF</strong> THE STATE <strong>OF</strong> <strong>TEXAS</strong>:<br />

SECTIONA1.AASection 801.004, Occupations Code, is amended to<br />

read as follows:<br />

Sec.A801.004.AAAPPLICATION <strong>OF</strong> CHAPTER. This chapter does<br />

not apply to:<br />

(1)AAthe treatment or care of an animal in any manner by<br />

the owner of the animal, an employee of the owner, or a designated<br />

caretaker of the animal, unless the ownership, employment, or<br />

designation is established with the intent to violate this chapter;<br />

(2)AAa person who performs an act prescribed by the<br />

board as an accepted livestock management practice, including:<br />

consumption;<br />

human consumption;<br />

(A)AAcastrating a male animal raised for human<br />

(B)AAdocking or earmarking an animal raised for<br />

(C)AAdehorning cattle;<br />

(D)AAaiding in the nonsurgical birth process of a<br />

large animal, as defined by board rule;<br />

(E)AAtreating an animal for disease prevention<br />

with a nonprescription medicine or vaccine;<br />

manner;<br />

(F)AAbranding or identifying an animal in any<br />

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(G)AAartificially inseminating an animal,<br />

including training, inseminating, and compensating for services<br />

related to artificial insemination; and<br />

(H)AAshoeing a horse;<br />

(3)AAthe performance of a cosmetic or production<br />

technique to reduce injury in poultry intended for human<br />

consumption;<br />

employee if:<br />

(4)AAthe performance of a duty by a veterinarian ’s<br />

prescription, or surgery;<br />

(A)AAthe duty involves food production animals;<br />

(B)AAthe duty does not involve diagnosis,<br />

(C)AAthe employee is under the direction and<br />

general supervision of the veterinarian; and<br />

employee ’s performance;<br />

(D)AAthe veterinarian is responsible for the<br />

(5)AAthe performance of an act by a person who is a<br />

full-time student of an accredited college of veterinary medicine<br />

[or is a foreign graduate of a board-approved equivalent competency<br />

program for foreign veterinary graduates and who is participating<br />

in a board-approved extern or preceptor program] if the act is<br />

performed under the direct supervision of a veterinarian [employing<br />

the person];<br />

(6)AAan animal shelter employee who performs euthanasia<br />

in the course and scope of the person ’s employment if the person has<br />

successfully completed training in accordance with Chapter 829,<br />

Health and Safety Code;<br />

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(7)AAa person who is engaged in a recognized<br />

state-federal cooperative disease eradication or control program<br />

or an external parasite control program while the person is<br />

performing official duties required by the program;<br />

(8)AAa person who, without expectation of compensation,<br />

provides emergency care in an emergency or disaster; or<br />

state by a person who:<br />

(9)AAa consultation given to a veterinarian in this<br />

(A)AAresides in another state; and<br />

(B)AAis lawfully qualified to practice veterinary<br />

medicine under the laws of that state.<br />

SECTIONA2.AASection 801.157, Occupations Code, is amended to<br />

read as follows:<br />

Sec.A801.157.AAPEER ASSISTANCE PROGRAM. (a)AAThe board<br />

shall establish or approve a peer assistance program for<br />

veterinarians. The peer assistance program must comply with<br />

Chapter 467, Health and Safety Code.<br />

(b)AAThe board may order a veterinarian who is subject to<br />

disciplinary action under this chapter based on a finding that the<br />

veterinarian is impaired by chemical dependency or mental illness<br />

to submit to care, counseling, or treatment through the peer<br />

assistance program.<br />

SECTIONA3.AASubsection (a), Section 801.253, Occupations<br />

Code, is amended to read as follows:<br />

S.B.ANo.A811<br />

(a)AAThe board shall [hold a regular meeting at least twice<br />

each year to] conduct licensing examinations at least twice each<br />

year as provided by board rule. The [board shall conduct the]<br />

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examination shall be conducted at a time and place the board<br />

determines is convenient for applicants.<br />

SECTIONA4.AASubsection (a), Section 801.254, Occupations<br />

Code, is amended to read as follows:<br />

(a)AAThe board shall conduct, or may contract with a<br />

board-approved entity to conduct, the licensing examination on<br />

subjects relating to veterinary medicine, including anatomy,<br />

pathology, chemistry, obstetrics, public health, veterinary<br />

practice, veterinary jurisprudence, physiology and bacteriology,<br />

and other subjects regularly taught in reputable schools of<br />

veterinary medicine. In this chapter, a reference to an<br />

examination conducted by the board includes an examination<br />

conducted by a board-approved entity as permitted by this<br />

subsection.<br />

SECTIONA5.AASection 801.258, Occupations Code, is amended to<br />

read as follows:<br />

Sec.A801.258.AATEMPORARY LICENSE. The board by rule may<br />

provide for the issuance of a temporary license to an applicant who:<br />

(1)AAis licensed in good standing as a veterinarian in<br />

another state or foreign country;<br />

801.252(1) and (2); and<br />

(2)AAmeets the eligibility requirements under Sections<br />

(3)AAis not subject to denial of a license or to<br />

disciplinary action for a ground listed in Section 801.402.<br />

SECTIONA6.AASection 801.353, Occupations Code, is amended by<br />

adding Subsection (d-1) to read as follows:<br />

S.B.ANo.A811<br />

(d-1)AAThe privilege provided by this section is waived by<br />

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the client or the owner of the animal treated by the veterinarian in<br />

a proceeding to substantiate and collect on a claim for the<br />

provision of veterinary services.<br />

SECTIONA7.AAThis Act takes effect September 1, 2011.<br />

______________________________ ______________________________<br />

President of the SenateAAAAAAAAAAAAASpeaker of the House<br />

I hereby certify that S.B.ANo.A811 passed the Senate on<br />

AprilA26,A2011, by the following vote:AAYeasA31, NaysA0.<br />

______________________________<br />

AAAASecretary of the Senate<br />

I hereby certify that S.B.ANo.A811 passed the House on<br />

MayA23,A2011, by the following vote:AAYeasA142, NaysA0, one<br />

present not voting.<br />

Approved:<br />

______________________________<br />

AAAAAAAAAAAAADate<br />

______________________________<br />

AAAAAAAAAAAGovernor<br />

5<br />

S.B.ANo.A811<br />

______________________________<br />

AAAAChief Clerk of the House


<strong>BOARD</strong> <strong>OF</strong> <strong>VETERINARY</strong> <strong>MEDICAL</strong> <strong>EXAMINERS</strong><br />

For the Years Ending<br />

August 31, August 31,<br />

2012 2013<br />

Method of Financing:<br />

General Revenue Fund $ 967,265 $ 967,266<br />

Appropriated Receipts 1,884 1,884<br />

Total, Method of Financing $ 969,149 $ 969,150<br />

Other Direct and Indirect Costs Appropriated<br />

Elsewhere in this Act $ 230,795 $ 238,381<br />

This bill pattern represents an estimated 100%<br />

of this agency's estimated total available<br />

funds for the biennium.<br />

Number of Full-Time-Equivalents (FTE): 16.0 16.0<br />

Schedule of Exempt Positions:<br />

Executive Director, Group 2 $80,500 $80,500<br />

Items of Appropriation:<br />

A. Goal: <strong>VETERINARY</strong> REGULATION<br />

Implement Standards of Veterinary Practice, Enforce Statutes<br />

and Rules.<br />

A.1.1. Strategy: OPERATE LICENSURE SYSTEM<br />

Examine and License Veterinarians and Renew<br />

Licenses.<br />

A.1.2. Strategy: <strong>TEXAS</strong>ONLINE<br />

TexasOnline. Estimated and Nontransferable.<br />

A.2.1. Strategy: COMPLAINTS AND ACTION<br />

Investigate Complaints, Take Disciplinary<br />

Action, Compliance Program.<br />

A.2.2. Strategy: PEER ASSISTANCE<br />

$<br />

$<br />

$<br />

$<br />

164,035<br />

33,650<br />

622,249<br />

30,000<br />

$ 164,035<br />

$ 33,650<br />

$ 622,250<br />

$ 30,000<br />

Total, Goal A: <strong>VETERINARY</strong> REGULATION $ 849,934 $ 849,935<br />

B. Goal: INDIRECT ADMINISTRATION<br />

B.1.1. Strategy: LICENSING INDIRECT<br />

ADMINISTRATION<br />

B.1.2. Strategy: COMPLAINTS & ACTION INDIRECT<br />

ADMIN<br />

Complaints and Action Indirect Administration.<br />

$<br />

$<br />

29,401<br />

89,814<br />

$ 29,401<br />

$ 89,814<br />

Total, Goal B: INDIRECT ADMINISTRATION $ 119,215 $ 119,215<br />

Grand Total, <strong>BOARD</strong> <strong>OF</strong> <strong>VETERINARY</strong> <strong>MEDICAL</strong><br />

<strong>EXAMINERS</strong> $ 969,149 $ 969,150<br />

Object-of-Expense Informational Listing:<br />

Salaries and Wages<br />

Other Personnel Costs<br />

Professional Fees and Services<br />

Consumable Supplies<br />

Utilities<br />

Travel<br />

Rent - Building<br />

Other Operating Expense<br />

$ 718,500<br />

24,220<br />

52,875<br />

9,257<br />

2,737<br />

62,961<br />

1,964<br />

96,635<br />

$ 718,501<br />

24,220<br />

52,875<br />

9,257<br />

2,737<br />

62,961<br />

1,964<br />

96,635<br />

Total, Object-of-Expense Informational Listing $ 969,149 $ 969,150<br />

Estimated Allocations for Employee Benefits and Debt<br />

Service Appropriations Made Elsewhere in this Act:<br />

Employee Benefits<br />

Retirement<br />

Group Insurance<br />

Social Security<br />

Benefits Replacement<br />

$ 31,966<br />

89,155<br />

56,763<br />

2,579<br />

$ 32,126<br />

90,126<br />

57,047<br />

2,412<br />

Subtotal, Employee Benefits $ 180,463 $ 181,711<br />

A578-Conf-8-B VIII-66 May 17, 2011


<strong>BOARD</strong> <strong>OF</strong> <strong>VETERINARY</strong> <strong>MEDICAL</strong> <strong>EXAMINERS</strong><br />

(Continued)<br />

Debt Service<br />

Lease Payments $ 5,459 $ 2,772<br />

Total, Estimated Allocations for Employee<br />

Benefits and Debt Service Appropriations Made<br />

Elsewhere in this Act $ 185,922 $ 184,483<br />

1. Performance Measure Targets. The following is a listing of the key performance target levels<br />

for the Board of Veterinary Medical Examiners. It is the intent of the Legislature that<br />

appropriations made by this Act be utilized in the most efficient and effective manner possible to<br />

achieve the intended mission of the Board of Veterinary Medical Examiners. In order to achieve<br />

the objectives and service standards established by this Act, the Board of Veterinary Medical<br />

Examiners shall make every effort to attain the following designated key performance target<br />

levels associated with each item of appropriation.<br />

2012 2013<br />

A. Goal: <strong>VETERINARY</strong> REGULATION<br />

Outcome (Results/Impact):<br />

Percentage of Licensees with No Recent Violations 98% 98%<br />

Percent of Licensees Who Renew Online<br />

Percentage of Complaints Resulting in Disciplinary<br />

87% 87%<br />

Action 15% 15%<br />

Recidivism Rate for Peer Assistance Programs<br />

A.1.1. Strategy: OPERATE LICENSURE SYSTEM<br />

Output (Volume):<br />

0% 0%<br />

Number of New Licenses Issued to Individuals 441 456<br />

Number of Licenses Renewed (Individuals)<br />

A.2.1. Strategy: COMPLAINTS AND ACTION<br />

Output (Volume):<br />

7,573 7,748<br />

Number of Complaints Resolved<br />

Efficiencies:<br />

450 450<br />

Average Time for Complaint Resolution (Days)<br />

Explanatory:<br />

250 250<br />

Number of Jurisdictional Complaints Received<br />

A.2.2. Strategy: PEER ASSISTANCE<br />

Output (Volume):<br />

Number of Licensed Individuals Participating in a<br />

500 500<br />

Peer Assistance Program 15 15<br />

2. Contingent Revenue. Out of the amounts appropriated above to the Board of Veterinary Medical<br />

Examiners in Strategy A.2.1, Complaints and Action, the amounts of $83,644 in fiscal year 2012<br />

and $83,645 in fiscal year 2013, in Strategy B.1.1, Licensing Indirect Administration, the amounts<br />

of $5,775 in fiscal year 2012 and $5,775 in fiscal year 2013 and in Strategy B.1.2, Complaints and<br />

Action Indirect Administration, the amount of $17,325 in fiscal year 2012 and $17,325 in fiscal<br />

year 2013 from General Revenue are contingent upon the Board of Veterinary Medical Examiners<br />

assessing or increasing fees sufficient to generate, during the 2012-13 biennium, $247,509 in<br />

excess of $2,751,000 (Object Codes 3175 and 3570), contained in the Comptroller of Public<br />

Accounts' Biennial Revenue Estimate for fiscal years 2012 and 2013. Also, the number of “Full­<br />

Time-Equivalents (FTE)” figure indicated above includes 2.0 FTEs in each fiscal year contingent<br />

upon the Board of Veterinary Medical Examiners generating the amount of revenue indicated<br />

above. The Board of Veterinary Medical Examiners, upon completion of necessary actions to<br />

assess or increase such additional fees, shall furnish copies of the Board of Veterinary Medical<br />

Examiners' minutes and other information supporting the estimated revenues to be generated for<br />

the 2012-13 biennium under the revised fee structure to the Comptroller of Public Accounts. If the<br />

Comptroller finds the information sufficient to support the projection of increased revenues, a<br />

finding of fact to that effect shall be issued and the contingent appropriation shall be made<br />

available for the intended purposes. For informational purposes, the amount of increased revenue<br />

identified above reflects amounts sufficient to cover direct appropriations of $213,489 and other<br />

direct and indirect costs (estimated to be $34,020 for the 2012-13 biennium).<br />

A578-Conf-8-B VIII-67 May 17, 2011


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AN ACT<br />

H.B.ANo.A4<br />

relating to making supplemental appropriations and giving<br />

direction and adjustment authority regarding appropriations.<br />

BE IT ENACTED BY THE LEGISLATURE <strong>OF</strong> THE STATE <strong>OF</strong> <strong>TEXAS</strong>:<br />

SECTIONA1.AACERTAIN REDUCTIONS IN APPROPRIATIONS FOR THE<br />

STATE FISCAL YEAR ENDING AUGUST 31, 2011. (a) The appropriations<br />

from the general revenue fund for the state fiscal year ending<br />

August 31, 2011, made by Chapter 1424 (S.B. 1), Acts of the 81st<br />

Legislature, Regular Session, 2009 (the General Appropriations<br />

Act), to the agencies listed in this subsection are reduced<br />

respectively for each agency, in the unencumbered amounts indicated<br />

by this subsection, for a total aggregate reduction of<br />

$1,065,962,443. Each of the following agencies shall identify the<br />

strategies and objectives out of which the indicated reductions in<br />

unencumbered amounts appropriated to the agency from the general<br />

revenue fund are made except to the extent a strategy or objective<br />

is specified by this subsection:<br />

(1)AAOffice of the Attorney General: $17,484,078 from<br />

General Revenue Fund 0001;<br />

Fund 0001;<br />

(2)AABond Review Board: $52,066 from General Revenue<br />

(3)AAComptroller of Public Accounts: $13,732,608 from<br />

General Revenue Fund 0001;<br />

(4)AATexas Ethics Commission: $163,972 from General<br />

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from General Revenue Fund 0001;<br />

(153)AABoard of Examiners of Psychologists: $49,005<br />

from General Revenue Fund 0001;<br />

Revenue Fund 0001;<br />

Fund 0001;<br />

(154)AAReal Estate Commission: $503,762 from General<br />

(155)AASecurities Board: $982,946 from General Revenue<br />

(156)AAPublic Utility Commission of Texas: $808,890<br />

from General Revenue Fund 0001;<br />

(157)AAOffice of Public Utility Counsel: $131,904 from<br />

General Revenue Fund 0001;<br />

(158)AABoard of Veterinary Medical Examiners: $4,419<br />

from General Revenue Fund 0001; and<br />

(159)AAagencies and entities appropriated general<br />

revenue funds by Article X, Chapter 1424 (S.B. 1), Acts of the 81st<br />

Legislature, Regular Session, 2009 (the General Appropriations<br />

Act): $11,688,731 from General Revenue Fund 0001, subject to<br />

Section 2 of this Act.<br />

(b)(i)AAThe unencumbered appropriation from the sporting<br />

good sales tax transfers to the general revenue fund (State Parks<br />

Account No. 64), pursuant to Section 11.035, Parks and Wildlife<br />

Code, and Section 151.801, Tax Code, for the state fiscal year<br />

ending August 31, 2011, made by Chapter 1424 (S.B. 1), Acts of the<br />

81st Legislature, Regular Session, 2009 (the General<br />

Appropriations Act), to the Parks and Wildlife Department is<br />

reduced by $1,259,680.<br />

H.B.ANo.A4<br />

(ii)AAThe unencumbered appropriation from the sporting<br />

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