Texas State Boards Chapter 801

Front 1

What does "Board" mean?

Back 1

State Board of Veterinary Medical Examiners

Front 2

What does "Compensation" include?

Back 2

Fee
Monetary reward
Discount
Emolument (salary, fee, or profit from employment or office)

Hint 2

Can be received directly OR indirectly

Front 3

What does "Direct Supervision" mean?

Back 3

Supervision by a responsible veterinarian who is PHYSICALLY present on the premises

Front 4

What does "Equine dentistry" mean?

Back 4

Any diagnosis, treatment, or surgical procedure performed on HEAD or ORAL CAVITY of an equine animal

Front 5

"Equine dentistry" includes 5 procedures. List them.

Back 5

1. Any procedure that invades the tissues of the oral cavity (remove sharp enamel projections, treat malocclusions, reshape teeth, extractions)
2. Treatment or extraction of damaged/diseased teeth
3. Treatment of diseased teeth through restoration/endodontic procedures
4. Periodontal treatments (removal of calculus, soft deposits, plaque, and stains above gum line; smoothing, filing, polishing of tooth surfaces)
5. Dental radiography

Front 6

What does "General Supervision" mean?

Back 6

Supervision by a responsible veterinarian who is readily available to community with the person

Front 7

What does "Licenses equine dental provider" mean?

Back 7

A person who holds a license to practice equine dentistry issued under Chapter 801

Front 8

What does "Practice of veterinary medicine" mean?

Back 8

1. Diagnosis, treatment, correction, change, manipulation, relief, or prevention of animal disease, deformity, defect, injury, or other physical condition, including the prescription or administration of a drug, biologic, anesthetic, apparatus, or other therapeutic or diagnostic substance or technique
2. Representation of an ability and willingness to perform an act listed above
3. The use of a title, word, or letters (i.e. Dr., DVM) to induce the belief that a person is legally authorized and qualified to perform an act listed in #1
4. The receipt of compensation for performing an act listed in #1

Front 9

What does "Veterinarian" mean?

Back 9

A person licensed by the board under this Chapter (801) to practice veterinary medicine

Front 10

What does the term "Veterinary medicine" include?

Back 10

Veterinary surgery
Reproduction and obstetrics (giving birth)
Dentistry
Ophthalmology
Dermatology
Cardiology
Any other discipline or specialty of veterinary medicine

Front 11

The State Board of Veterinary Medical Examiners is subject to what act?

Back 11

Texas Sunset Act (assesses the need for a state agency to exist)

Hint 11

Unless continued, the board is abolished on September 1, 2017

Front 12

What people does Chapter 801 (Veterinarians) not apply to?

Back 12

1. Owners that treat or care for their animal, employees of the owner (or designated caretakers)....UNLESS the ownership, employment, or designation is established with intent to violate this chapter
2. Livestock management people (castrations on male animals used for human consumption, docking/earmarking on animals used for human consumption; dehorning cattle; aiding in nonsurgical birth; treating with nonprescription drugs or vaccines; branding/IDing animal in any manner; AI [training, inseminating, and compensating for services related to AI); shoeing a horse)
3. Performance of a cosmetic or production technique to reduce injury in POULTRY for human consumption
4. Performance of duty by a vet employee IF (it involves food production animals; duty doesn't involve diagnosis, prescription, or sx; employee is under direction and GENERAL supervision; vet is responsible for performance)
5. Performance of act by full-time vet student at an accredited college and act is performed under DIRECT supervision of a vet
6. Animal shelter employee who performs euthanasia if they have been properly trained in accordance with Chapter 829 (Health and Safety Code)
7. People who are involved in state-federal cooperative disease eradication or control programs; or external parasite control programs while person is performing official duties required by program
8. People who provide ER care in an emergency or disaster an do not expect compensation
9. Consults given to veterinarians in this state by someone who either a) lives in another state, or b) is lawfully qualified to practice vet medicine under laws of that state

Front 13

How many members are on the State Board of Veterinary Medical Examiners?

Back 13

9

Front 14

Who appoints the members of that State Board?

Back 14

Govenor with advice and consent of the senate (6 vet members and 3 members who represent the public)

Front 15

How many members of the board can be a faculty member of a college of veterinary medicine?

Back 15

only ONE

Front 16

Appointments to the board shall be made without regard to what?

Back 16

Race
Color
Disability
Sex
Religion
Age
National origin

Front 17

What qualifications are necessary in order for a person to be appointed to the Board as a VETERINARY member?

Back 17

1. Has resided and practiced vet medicine in state for 6 years preceding date of appointment
2. Is of good repute
3. Does NOT hold a Special License

Front 18

Who is NOT eligible to become a PUBLIC member of the board?

Back 18

1. A person licensed by an occupational regulatory agency in field of health care
2. Works at or participates in the MANAGEMENT of a business or other organization that provides health care services; sells, manufactures, or distributes health care supplies or equipment; or is regulated by or receives funds from the board
3. Owns or controls (directly or indirectly) more than a 10% interest in a business entity or organization that does any of the above in #2
4. Uses or receives a substantial amt of tangible goods, services, or funds from the Board (excluding compensation or reimbursement authorized by law for board membership, attendance, or expenses)

Front 19

A person is also not eligible to become a PUBLIC member of the board if the person's SPOUSE is?

Back 19

1. A licensed veterinarian
2. See #2 on public restrictions
3. See #3 on public restrictions
4. See #4 on public restrictions

Front 20

This term means: A cooperative and voluntarily joined statewide association of business or professional competitors in Texas designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest

Back 20

"Texas trade association"

Front 21

Who cannot be a member of the board and cannot be a an employee of the board employed in a "bona fide executive, administrative, or professional capacity"?

Back 21

1. If the person is an officer, employee, or paid consultant of a Texas trade association in the field of health care
2. If the person's SPOUSE is an officer, manager, or paid consultant of a Texas trade association in the field of veterinary medicine

Front 22

A person may not be a member of the board or act as the general counsel to the board if the person is _______

Back 22

Required to register as a lobbyist under Chapter 305 (Government Code) because of the person's activities for compensation on behalf of a profession related to the operation of the board

Front 23

Members of the board are appointed for staggered ____ - year terms

Back 23

6
(staggered meaning members are not selected at the same time)

Front 24

If a vacancy occurs in the Board due to the death or resignation of a board member, who shall appoint a replacement?

Back 24

Governor

Front 25

The governor shall designate a member of the board as the presiding ______ of the board to serve in that capacity at the pleasure of the governor

Back 25

Officer

Front 26

At the _____ meeting of the board each year, the board shall elect from its members any other officer the board considers necessary or convenient

Back 26

First

Front 27

What are the grounds for removal of a board member?

Back 27

1. Does not have the required qualifications at the time of taking office
2. Does not maintain the qualifidations during their time of service
3. Is ineligible for membership
4. Cannot fulfill duties for a substantial part of the time due to illness or injury
5. Is absent for more than HALF of the regularly scheduled board meetings that the member is eligible to attend during the calendar year without an excuse approved by a majority vote of the board

Front 28

T/F: The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists

Back 28

True

Front 29

If the executive director has knowledge that a potential ground for removal exists, who shall then be notified?

Back 29

Presiding officer who then notifies...
Governor and attorney general

Front 30

What if the potential ground for removal involves the presiding officer? Who does the executive director notify?

Back 30

The next highest ranking officer of the board, who then notifies....
Governor and attorney general

Front 31

When can an appointment board member officially vote, deliberate, or be counted as a member?

Back 31

When they have completed a training program

Front 32

The Board training program must provide information on the following:

Back 32

1. Legislation that created the board and the board's programs, functions, rules, and budget
2. Results of the most recent formal audit of the board
3. Requirements of laws relating to open meetings, public information, administrative procedure, and conflicts of interest
4. Any applicable ethics policies by the board or the Texas Ethics Commission

Front 33

A person appointed to the board is entitled to reimbursement, as provided by the ________ Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office

Back 33

General Appropriations Act

Front 34

What reimbursement is a board member entitled to receive?

Back 34

1. A per diem (daily allowance), as set by legislative appropriation, for each day that the member engages in board business
2. Reimbursement for travel expenses by the General Appropriations Act (including expenses for meals and lodging)

Front 35

Before assuming Oath of Office, what must each board member do?

Back 35

File with the secretary of state a signed copy of the constitutional oath of office taken by the member

Front 36

T/F: The board may employ an executive director

Back 36

True

Front 37

The Board may employ _____ to administer this chapter

Back 37

Personnel

Front 38

T/F: There will be implemented policies that separate the responsibilities of the board and the responsibilities of the executive director and staff of the board

Back 38

True

Front 39

What 2 things shall the board provide to its members and employees as often as possible?

Back 39

1. Qualifications for office or employment under this chapter
2. Responsibilities under applicable laws relating to standards of conduct for state officers or employees

Front 40

The executive director or the executive director's designee shall develop an intra-agency _______ program.

Back 40

Career ladder program

Front 41

What is required of the intra-agency career ladder program?

Back 41

Intra-agency postings of all nonentry level positions concurrently with any public posting

Front 42

The executive director or the executive director's designee shall develop a system of annual performance evaluations based on __________. All _______ authorized by the executive director must be based on the performance evaluation system.

Back 42

Measurable job tasks
Merit pay

Front 43

The executive director or the executive director's designee shall prepare and maintain a written policy statement to ensure implementation of _________ under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin

Back 43

An equal employment opportunity program

Front 44

What must be included on the Equal Employment Opportunity Policy?

Back 44

1. Personnel policies (including policies relating to recruitment, evaluation, selection, application, training, and promotion of personnel)
2. Comprehensive analysis of the board workforce that meets federal and state guidelines
3. Procedures by which a determination can be made of the significant underuse in the board workforce of all persons for whom federal or state guidelines encourage a more equitable balance
4. Reasonable methods to appropriately address those areas of significant underuse

Front 45

An Equal Employment Opportunity Policy statement must be:
1. Prepared to cover an ____ period
2. Updated _______
3. Reviewed by the _______
4. Filed with the ________

The governor shall deliver a ______ report to the legislature based on the information received above. The report may be made separately or as part of other biennial reports to the legislature

Back 45

1. Annual
2. Annually
3. Commission on Human Rights
4. Governor

Biennial

Front 46

T/F: The board is not allowed to adopt rules as necessary to administer this Chapter (Veterinarians)

Back 46

False. They may adopt rules as necessary

Front 47

The board may adopt rules of _______ appropriate to establish and maintain a high standard of integrity, skills, and practice in the veterinary medical profession.

Back 47

Professional conduct

Front 48

The board shall adopt rules to:
1. Protect the _______
2. Ensure that alternate therapies (US diagnosis and therapy, magnetic field therapy, holistic medicine, homeopathy, chiropractic treatment, acupuncture, and laser therapy) are performed only by a ______ or ________
3. Ensure that _______ is performed only by a veterinarian who is active and in good standing or by a licensed equine dental provider who is active and in good standing under the appropriate level of supervision of a veterinarian who is active and in good standing and who has established a vet-client-patient relationship with the owner or other caretaker of an animal

Back 48

1. Public
2. Veterinarian or under the supervision of a veterinarian
3. Equine dentistry

Front 49

The board may adopt rules regarding the work of a person who:
1. Works under the supervision of a _________
2. Fulfills the requirements by a board-approved organization for registered _________

Back 49

1. Veterinarian
2. Veterinary technicians

Front 50

The board shall adopt rules to implement a jurisprudence examination for licensed equine dental providers, including rules relating to the development and administration of what 5 things?

Back 50

Examination
Examination fees
Guidelines for reexamination
Examination grading
Provision of notice of examination results

Front 51

The board may NOT adopt rules that unreasonably restrict the selection by the owner or other caretaker of an animal of a licensed ________ who is in good standing to provide equine dental services

Back 51

Equine dental provider

Front 52

When may the board consider an exception to a rule adopted by the board?

Back 52

On the request of a person subject to board regulation

Front 53

When may the board approve an exception to a board rule?

Back 53

After notice and hearing

Front 54

The board may not adopt a rule restricting _________ or _________ by a person regulated by the board except to prohibit a false, misleading, or deceptive practice by that person

Back 54

Advertising or Competitive bidding

Front 55

In its rules to prohibit a false, misleading, or deceptive practice, the board may NOT include a rule that:
1. Restricts the person's use of any _________
2. Restricts the person's _______ or the use of the person's ______ in an advertisement
3. Relates to the ____ or ______ of an advertisement by the person
4. Restricts the person's advertisement under a ________

Back 55

1. Advertising medium
2. Personal appearance; Voice
3. Size or Duration
4. Trade name

Front 56

The board by rule shall set fees in amounts that are reasonable and necessary so that the fees, in the agregate, cover the costs of administering this chapter. The board may not set a fee that existed on __________, in an amount that is less than the fee on that date

Back 56

September 1, 1993

Front 57

The _______ set by the board is the amount set by the board and an additional $200 fee

Back 57

Veterinarian license renewal fee

Front 58

Of each additional fee collected under the Veterinarian License Renewal Fee, ____ shall be deposited in the foundation school fund and ______ shall be deposited in the general revenue fund

Back 58

$50 - foundation school fund
$150 - general revenue fund

Front 59

The additional fee does not apply to who?

Back 59

1. Veterinarians exempt from paying the renewal fee
2. Veterinarians placed on inactive status

Front 60

Costs incurred by the board in administering this Chapter (Veterinarians), including the compensation and expenses of board members and employees, may be paid only from ___________

Back 60

Fees collected under this chapter

Front 61

The board shall maintain a record of what in regards to each license holder?

Back 61

Name
Residence address
Business address

Front 62

A license holder shall notify the board of a change of business address or employer not later than the ____ day after the date the change takes effect

Back 62

60th

Front 63

The board shall establish or approve a ____ assistance program for veterinarians. This program must comply with Chapter 467 (________ Code)

Back 63

Peer
Health and Safety Code

Front 64

The board may order a veterinarian who is subject to disciplinary action under this chapter based on a finding that the veterinarian is impaired by _______ or _________ to submit to care, counseling, or treatment through the peer assistance program

Back 64

Chemical dependency or
Mental illness

Front 65

The board may request and, if necessary, compel by subpoena, what 2 things?

Back 65

1. Attendance of witnesses for examination under oath
2. Production for inspection or copying of books, accounts, records, papers, correspondence, documents, and other evidence relevant to an investigation of an allege violation of this Chapter (Veterinarians)

Front 66

The board, acting through the ________, may bring an action to enforce a subpoena issued against a person, including a corporation, organization, business trust, estate, trust, partnership, association, or other legal entity, who fails to comply with the subpoena

Back 66

Attorney general

Front 67

Venue for an action brought to enforce a subpoena, is in a district court in which county?

Back 67

Travis county
OR
Any county in which the board may hold a hearing

Front 68

The _____ shall order compliance with the subpoena IF the court finds that good cause exists to issue the subpoena

Back 68

Court

Front 69

Regarding complaints, the board shall adopt a ____ to standardize information relating to complaints filed with the board

Back 69

Form

Front 70

Regarding complaints, the board by rule shall prescribe _______ to be provided to a person when the person files a complaint with the board

Back 70

Information

Front 71

T/F: The board will not provide reasonable assistance to a person who wishes to file a complaint with the board

Back 71

False. They SHALL provide reasonable assistance

Front 72

The board shall file annually with the _____ and the _______ of each house of the legislature a complete and detailed written report accounting for all funds received and disbursed by the board during the preceding fiscal year

Back 72

Governor and Presiding officer

Front 73

The Annual Report must be in the form and reported in the time provided bye the ________ Act

Back 73

General Appropriations Act

Front 74

The board shall implement a policy requiring the board to use appropriate _______ solutions to improve the board's ability to perform its functions. The policy must enure that the public is able to interact with the board on the Internet.

Back 74

Technological

Front 75

The board shall develop and implement a policy to encourage the use of:
1. Negotiated _______ procedures under Chapter 2008 (Government Code) for the adoption of board rules
2. Appropriate alternative ________ procedures under Chapter 2009 (Government Code) to assist in the resolution of internal and external disputes under the board's jurisdiction

Back 75

1. Rulemaking
2. Dispute resolution

Front 76

The board's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the ____________ for the use of alternative dispute resolution by state agencies

Back 76

State Office of Administrative Hearings

Front 77

The board shall designate a trained person to:
1. _______ the implementation of the policy adopted for Alternative Rulemaking and Dispute Resolution Procedures
2. Serve as a resource for any ______ needed to implement the procedures for negotiated Rulemaking or Alternative Dispute Resolution
3. ________ concerning the effectiveness of those procedures, as implemented by the board

Back 77

1. Coordinate
2. Training
3. Collect data

Front 78

The board shall prepare information of public interest describing the ______ of the board and the ______ by which complaints are filed with and resolved by the board. The board shall make the information available to the public and appropriate state agencies

Back 78

Functions
Procedures

Front 79

The board shall develop and implement policies that provide the _____ with a reasonable opportunity to appear before the board and to speak on any issue under the board's jurisdiction

Back 79

Public

Front 80

The board shall prepare and maintain a _______ that describes how a person who does not speak English may be provided reasonable access to the board's programs

Back 80

Written plan

Front 81

The board by rule shall establish methods by which consumers and service recipients are notified of the ____, _______, and _________ of the board for the purpose of directing complaints to the board

Back 81

Name, Mailing address, and Telephone number

Front 82

The board shall list with its regular telephone number any ________ established under other state law for presenting a complaint about a license holder

Back 82

Toll-free telephone number

Front 83

The board shall maintain a system to promptly and efficiently act on complaints filed with the board. The board shall maintain information about what 4 things?

Back 83

1. Parties to the complaint
2. Subject matter of the complaint
3. Summary of the results of the review or investigation of the complaint
4. Disposition

Front 84

The board shall make information available describing its ______ for complaint investigation and resolution

Back 84

Procedures

Front 85

The board shall periodically notify the ______ of the status of the complaint until final disposition

Back 85

Complaint parties

Front 86

The board shall adopt rules relating to the investigation of complaints filed with the board. The rules must:
1. Distinguish between ______ of complaints
2. Ensure that complaints are not ______ without appropriate consideration
3. Require that the board be advised of a complaint that is dismissed and a _______ be given to the person who filed the complaint explaining the action taken on the dismissed complaint
4. Ensure that the person who filed the complaint has the opportunity to _________
5. Prescribe the guidelines concerning the categories of complaints that require the use of a ________ and the procedures for the board to obtain the services of such a person

Back 86

1. Categories
2. Dismissed
3. Written explanation
4. Explain the allegations made in the complaint
5. Private investigator

Front 87

T/F: The board shall prioritize complaints to resolve the more serious complaints first

Back 87

True

Front 88

A complaint that requires medical expertise to review must be reviewed by _____ or more veterinarian board members. The board members shall determine whether to dismiss the complaint or refer it to an informal proceeding

Back 88

2 or more

Front 89

If the veterinarian members do not agree to dismiss or refer the complaint to an informal proceeding, the complaint is referred to ________

Back 89

An informal proceeding

Front 90

The board may delegate to a committee of board staff the authority to _____ or _______ of a complaint that does not require medical expertise. The disposition determined by the committee must be approved by the board at a ________

Back 90

Dismiss or Enter into an agreed settlement;

Public meeting

Front 91

When shall a complaint not requiring medical expertise be referred for informal proceedings?

Back 91

1. If the committee determines that the complaint should not be dismissed or settled
2. If the committee is unable to reach an agreed settlement
3. If the license holder who is the subject of the complaint requests that the complaint be referred for informal proceedings

Front 92

The board shall dispose of each complaint in a _____ manner

Back 92

Timely

Front 93

The board shall establish a schedule for conducting each phase of the complaint process that is under the control of the board not later than the _____ day after the date the board receives the complaint

Back 93

30th

Front 94

Each party to the complaint shall be notified of the projected ____ requirements for the complaint.

Each party shall be notified of a change in the schedule not later than the ____ day after the date the change is made

Back 94

Time
7th

Front 95

Who shall notify the board of a complaint that is not resolved within the time prescribed by the board for resolving the complaint so that the board may take necessary action on the complaint

Back 95

Executive director

Front 96

T/F: Except for a groundless complaint, a board record is a public record and is available for public inspection at all times

Back 96

False: Available for public inspection during normal business hours

Front 97

T/F: An investigation record of the board, including a record relating to a complaint that is found to be groundless (not based on any good reason), is confidential

Back 97

True

Front 98

A person may not practice, or offer or attempt to practice, veterinary medicine unless the person holds a ______ to practice veterinary medicine issued under this Chapter (Veterinarians)

Back 98

License

Front 99

What are the 4 qualifications for a person to be licensed to practice veterinary medicine?

Back 99

1. Person has attained age of majority
2. Person has graduated form a board-approved school or college of vet med
3. Person successfully completes the licensing exam for veterinarians conducted by the board
4. The board does not refuse to issue the person a license

Front 100

When and where is the board exam conducted?

Back 100

At a time and place that the board determines is convenient for applicants

Front 101

The board shall provide a notice of a licensing examination by publication in a _____ or ______

Back 101

Newspaper or Periodical

Front 102

The board shall ______ each qualified applicant who attends the examination

Back 102

Examine

Front 103

The board shall notify each examinee of the results of the examination not later than the _____ day after the date the licensing examination is administered. If the examination is graded or reviewed by a NATIONAL testing service, the board shall notify the examinee of the results of the examination not later than the _____ day after the date the board receives the results from the testing service.

Back 103

30th
14th

Front 104

If the notice of the examination results graded or reviewed by a NATIONAL testing service will be delayed longer than ___ days after the examination date, the board shall notify the examinee of the reason for the delay before the ____ day.

Back 104

90 days
90th day

Front 105

When shall the board provide to the person an analysis of the person's performance on the examination?

Back 105

If the person requests an analysis in writing after failing the exam

Front 106

When shall the board refund an examination fee paid by an applicant?

Back 106

1. If the applicant provides advance notice of the applicant's inability to take the exam; or
2. If the applicant is unable to take the exam because of an emergency

(the board shall adopt rules that establish the required notification period and the emergency situations that warrant a refund)

Front 107

Who may receive a Special License to practice veterinary medicine?

Back 107

1. A member of the faculty or staff of a board-approved veterinary program at an institution of higher education
2. A veterinarian employee of the Texas Animal Health Commission
3. A veterinarian employee of the Texas Veterinary Medical Diagnostic Laboratory
4. A person licensed to practice veterinary medicine in another jurisdiction (authority), if the board determines that the person's specialty practice is unrepresented or underrepresented in this state

Front 108

An applicant is eligible for a special license if the applicant:
1. Is at least ____ years of age and a graduate of a board-approved veterinary medicine program at an institution of higher education; or
2. Provides to the board a _________ by the appropriate authority that the applicant meets a critical need for staffing at the person's institution and is certified by a nationally recognized veterinary specialty board or is eligible for that certification
3. Passes the _______ section of the licensing examination

Back 108

1. 21
2. Written affirmation
3. Jurisprudence

Front 109

A special license is valid only for ________?

Back 109

The performance of duties within the scope of the special license holder's employment or practice

Front 110

When may the board suspend or revoke a special license?

Back 110

1. If the holder's employment is terminated
2. If the holder practices outside the scope of the license

Front 111

Who may provide a written affirmation for a person trying to obtain a special license?

Back 111

1. Dean of a board-approved veterinary medicine program at an institution of higher education in Texas
2. Executive director of the Texas Animal Health Commission
3. Executive director of the Texas Veterinary Medical Diagnostic Laboratory

Front 112

Who may be issued a TEMPORARY license to practice veterinary medicine?

Back 112

1. A person licensed in good standing as a veterinarian in another state or foreign country
2. If the person meets the Eligibility Requirements
3. If the person is not subject to denial of a license or to disciplinary action

Front 113

A person may not represent to the public that the person is authorized to perform equine dentistry or use the titles _____, _______, ________, ______, or ______ unless specifically authorized to do so

Back 113

Dentist
Certified Equine Dental Provider
Equine Dental Provider
CEDP
EDP

Front 114

Who may use the titles Certified Equine Dental Provider or CEDP?

Back 114

Only a certified licensed equine dental provider who is certified in accordance with Section 801.261(a)(3)

Front 115

Who may use the title Equine Dental Provider or EDP?

Back 115

A licensed equine dental provider who is licensed BEFORE Sept 1, 2013, and who is NOT certified in accordance with Section 801.261(a)(3)

Front 116

A person may not perform equine dentistry or offer or attempt to act as an equine dental provider unless the person meets what 2 requirements?

Back 116

1. Is a veterinarian who is active and in good standing
2. A licensed equine dental provider who is active and in good standing performing under the supervision of a veterinarian who is active and in good standing

Front 117

The board shall issue an equine dental provider license to a person who is qualified. A person is qualified to be licensed as an equine dental provider if they meet what 3 requirements?

Back 117

1. Pass a jurisprudence exam conducted by the board
2. Are not disqualified under this chapter or board rule
3. Are certified by the International Association of Equine Dentistry or another board-approved certification entity or organization

Front 118

What must the applicant for an equine dental provider license submit to the board?

Back 118

1. An application on the form prescribed by the board
2. Information to enable the board to conduct a criminal background check as required by the board
3. Any other information required by the board

Front 119

A licensed equine dental provider may not perform equine dentistry unless they provider is _______ and performs equine dentistry under the general supervision of a ________

Back 119

Active and in good standing;
Veterinarian who is active and in good standing

Front 120

What equine dental procedures may a licensed equine dental provider perform?

Back 120

1. Removing sharp enamel points
2. Removing small dental overgrowths
3. Rostral profiling of the first cheek teeth
4. Reducing incisors
5. Extracting loose, DECIDUOUS teeth
6. Removing SUPRAgingival calculus
7. Extracting loose, mobile, or disease teeth or dental fragments with minimal periodontal attachments by hand and WITHOUT the use of an elevator
8. Removing erupted, non-displaced WOLF teeth

Front 121

The list of procedures that may be performed by a licensed equine dental provider may not be construed to prohibit _________ who is NOT a licensed equine dental provider from performing those procedures if they are under the DIRECT supervision of a vet

Back 121

An employee of a veterinarian

Front 122

A copy of the _______ of an equine animal is to be left with the person who authorizes an equine dental procedure and is to be made available to the supervising veterinarian upon request

Back 122

Dental chart

Front 123

A licensed equine dental provider shall be held to the same standard of care as a ______ when the provider performs the equine dental procedures listed in this Chapter

Back 123

Veterinarian

Front 124

The board shall develop and administer a jurisprudence exam for licensed equine dental providers to determine an applicant's knowledge of ______, _______, and __________

Back 124

This chapter
Board rules
Any other applicable laws of Texas affecting the applicant's equine dentistry practice

Front 125

For a year in which the license expiration date is changed, license fees payable on _____ shall be prorated on a monthly basis so that each license holder pays only that portion of the fee that is allocable to the number of months during which the license is valid. On renewal of the license on the NEW expiration date, the _____ license renewal fee is payable

Back 125

March 1
Total

Front 126

Not later than the _____ day before the expiration date of a person's license, the board shall send written notice of the impending license expiration to the person at the person's last known address according to the board's records

Back 126

30th

Front 127

A person who is otherwise eligible to renew a license may renew an unexpired license by paying the required renewal fee to the board (before/after?) the expiration date of the license.

Back 127

Before

Front 128

A person whose license has expired may not engage in activities that require a license until the license has been ________

Back 128

Renewed

Front 129

A person whose license has been expired for _____ days or less may renew the license by paying the board a renewal fee that is equal to the sum of _____ times the renewal fee set by the board under Section 801.154(a) AND the additional fee required by Section 801.154(b)

Back 129

90 days
1-1/2 times

Front 130

A person whose license has been expired for more than _____ days but LESS than ____ may renew the license by paying the board a renewal fee that is equal to the sum of _____ times the renewal fee set by the board under Section 801.154(a) AND the additional fee required by Section 801.154(b)

Back 130

90 days
One year
2 times

Front 131

A person whose license has been expired for _____ or more may NOT renew the license. The person may obtain a new license by complying with the requirements and procedures, including the examination requirements, for obtaining an original license

Back 131

One year

Front 132

Who is exempt from the Renewal License Fee Requirements?

Back 132

1. A person on active duty with the Armed Forces of the U.S. and that does not engage in private or civilian practice; OR
2. A person who is permanently or totally retired

Front 133

A person who was licensed to practice veterinary medicine in Texas, moved to another state, and is currently licensed in good standing and has been in practice in the other state for the ____ years preceding the date of application may obtain a new license to practice veterinary medicine without reexamination. The person must pay to the board a fee that is equal to the amount of the renewal fee set by the board under Section 801.154(a) and the additional fee required by Section 801.154(b)

Back 133

2

Front 134

Can the board place a license holder on inactive status?

Is there a limit on the time a license holder remains on inactive status?

Back 134

Yes

Yes

Front 135

The board by rule shall establish a minimum number of hours of ________ required to renew a license to practice veterinary medicine. The board shall require ____ hours of CE annually to renew an equine dental provider license

Back 135

Continuing Education
6 hours

Front 136

The board may:
1. Establish general _______ of continuing education that meet hte needs of license holders
2. Require a license holder to successfully complete _________

Back 136

1. Categories
2. CE courses

Front 137

What may the board require you to do if you do not meet the minimum number of CE hours in a year?

Back 137

Require you to make up the missed hours in later years (this would be in addition to the required hours of that year)

Front 138

How shall the board monitor compliance with CE requirements?

Back 138

By conducting random audits of license holders seeking renewal

Front 139

When does the board conduct audits to check CE hours?

Back 139

At any time

Hint 139

The board may also perform additional compliance monitoring by other means

Front 140

What shall a license provider who is being audited for CE hours provide to the board?

Back 140

Proof of course completion, including certificates of completion

Front 141

T/F: A person may provide a list of completed CE courses on one presigned form in order to establish compliance with CE hours

Back 141

False

Front 142

A person may not practice veterinary medicine unless a _______ exists

Back 142

Veterinarian-Client-Patient

Front 143

A VCP exists if the veterinarian:
1. Assumes responsibility for ______ judgments regarding the health of an animal and a client, who is the owner or other caretaker of the animal, _____ to follow the veterinarian's instructions
2. Possesses sufficient knowledge of the animal to initiate at least a general or preliminary _____ of the animal's medical condition
3. Is readily available to provide, or has provided, ______ in the event of an adverse reaction to, or a failure of, the regimen of therapy provided by the veterinarian

Back 143

1. Medical; agrees
2. Diagnosis
3. Follow-up medical care

Front 144

A veterinarian possesses sufficient knowledge of an animal to establish a VCP realtionship if the veterinarian has recently seen, or is personally acquainted with, the keep and care of the animal by what 2 qualifications?

Back 144

1. Examining the animal
2. Making medically appropriate and timely visits to the premises on which the animal is kept

Front 145

T/F: A VCP relationship can be established by telephone or electronically

Back 145

False

Front 146

The professional services of a veterinarian may not be controlled or exploited by a person who:
1. Is not a _________
2. Intervenes between the veterinarian and the ________

Back 146

1. Veterinarian
2. Veterinarian's client

Front 147

A veterinarian may not:
1. Allow a person who does not ________ to interfere or intervene in the veterinarian's practice of veterinary medicine
2. Submit to interference or intervention by a person who _______

Back 147

1. Hold a license to practice veterinary medicine issued under this chapter
2. Does not hold a license to practice veterinary medicine issued under this chapter

Front 148

A veterinarian shall _____ a relationship that may result in interference with or intervention in the veterinarian's practice of veterinary medicine by a person who does not hold a license to practice veterinary medicine issued under this chapter

Back 148

Avoid

Front 149

A veterinarian is responsible for the _____. The veterinarian is DIRECTLY responsible to the client AND for the care and treatment of the patient

Back 149

Veterinarian's actions

Front 150

A veterinarian may not violate the ________ between the veterinarian and the veterinarian's client

Back 150

Confidential relationship

Front 151

A veterinarian may not be required to release information concerning the veterinarian's care of the animal, except on the veterinarian's receipt either of the following 2 things?

Back 151

1. Written authorization or other form of waiver executed by the client
2. An appropriate court order or subpoena

Front 152

A veterinarian who is required to release confidential information (is/is not?) liable to any person, including the client, for an action resulting from the disclosure

Back 152

Is not

Front 153

The privilege provided by the Confidentiality Section is waived by the client or the owner of an animal treated by the veterinarian to the extent the client or owner places at issue in a civil or criminal proceeding:
1. The nature and extent of the animal's ______; or
2. The _______ and _______ of the animal provided by the veterinarian

Back 153

1. Injuries
2. Care and treatment

Front 154

The privilege provided by this section is waived by the client or the owner of the animal treated by the veterinarian in a proceeding to substantiate and collect on a _____ incurred for veterinary services

Back 154

Debt

Front 155

The Confidentiality section does not apply to _____ or _______ conducted by the board or an agent of the board

Back 155

An inspection or investigation

Front 156

A veterinarian does not violate the Confidentiality section by providing the name or address of a client, or the rabies vaccination status of a specific animal, to a public health authority, veterinarian, physician, or other licensed health care professional who requests the identity of the client to obtain information for:
1. The verification of a _____ vaccination
2. Other treatment involving a ______ situation; or
3. A _______ purpose

Back 156

1. Rabies
2. Life-threatening
3. Public health

Front 157

A public health authority that receives confidential information shall maintain the confidentiality of the information, may not disclose the information, and may not use the information for a purpose that does not directly relate to the protection of ______ and _______

Back 157

Public health and safety

Front 158

IT is NOT a violation of this chapter for a veterinarian, or a business entity authorized under this chapter to render veterinary services, to:
1. Lease _____ for the purpose of providing veterinary services;
2. Pay for ______ or other services on a percentage-of-receipts basis; or
3. Sell, transfer, or assign ________

Back 158

1. Space
2. Franchise fees
3. Accounts receivable

Front 159

T/F: The premises on which a veterinary practice is located may be owned by a person or other legal entity that does not hold a license to practice veterinary medicine issued under this chapter

Back 159

True

Front 160

The practice of a veterinarian who leases space from a mercantile establishment and practices veterinary medicine on the premises of the mercantile establishment must by owned by a ________. The practice and the leased space must be under the exclusive control of a _______

Back 160

Veterinarian; veterinarian

Front 161

The leased space must be definite and apart from the space occupied by other occupants of the premises. The leased space must be separated from the space used by other occupants by _____ and ______ partitions or walls that extend from floor to ceiling. The requirement of this subsection is not satisfied by the use of railings, curtains, or other similar arrangements.

Back 161

Solid and Opaque

Front 162

The leased space must have a patient's entrance that:
1. Opens to a _____ street, hall, lobby, corridor, or other public thoroughfare other than the aisle of a mercantile establishment; AND
2. Is actually used as an _____ by the veterinarian's patients

Back 162

1. Public
2. Entrance

Front 163

The leased space may have an additional patient's entrance, that may be _______, that opens from the inside of the mercantile establishment directly into the leased space

Back 163

Nonopaque

Front 164

The practice of the veterinarian may not be conducted in any part as a ______ or _______ of the mercantile establishment. A legend or sign that states "__________", or that contains other words implying that the practice is NOT an independent veterinary practice, may NOT be displayed on the premises or in an advertisement for the premises. The use of the veterinarian's name must clearly indicate that the practice is ________ and not under the ownership or control of the mercantile establishment.

Back 164

Department or concession
"Veterinary Department"
Independent

Front 165

The patient and business records of the practice of the veterinarian are the sole property of the veterinarian. The mercantile establishment or a person who is NOT a veterinarian may NOT control the records, except that:
1. Business records that are essential to the initiation or continuation of a percentage of _______ lease of space may be inspected by the lessor; and
2. A veterinarian may enter into a management agreement that permits an employee or agent of the management company to access or copy patient records as necessary to perform _________

Back 165

1. Gross receipts
2. Management functions

Front 166

The rules about the patient entrance of a leased space do not apply to the practice of a veterinarian, or the legal successor of the practice, if the practice is operating in space that was opened, designed, or engineered in accordance with plans for a specific facility submitted to the board before what date?

Back 166

December 31, 2009

Front 167

The Section on Leasing Space from a Mercantile Establishment does not prohibit the delivery of temporary limited-service veterinary activities, including preventive veterinary services such as vaccinations and testing, at a mercantile establishment that is NOT owned or under the exclusive control of a veterinarian IF the services are ______ and _________. The board by rule may establish the conditions under which a vet may provide the services described by this subsection.

Back 167

Periodic and Delivered by a vet

Front 168

A veterinarian may dispose of an animal that is abandoned in the vet's care if the vet:
1. Gives the client, ______, notice of the vet's intention to dispose of the animal; AND
2. Allows the client to retrieve the animal during the ____ days after the date the vet mails the notice

Back 168

1. By certified mail to the client's last known address
2. 10 days

Front 169

A vet may NOT dispose of an abandoned animal if:
1. A _____ between the vet and client provides otherwise; OR
2. After mailed notice is given, the vet and client agree to _______

Back 169

1. Contract
2. Extend the vet's care of the animal

Front 170

The client's contact of the vet by mail, telephone, or personal communication does not extend the vet's obligation to treat, board, or care for an animal UNLESS what?

Back 170

the vet and client agree to EXTEND the vet's care of the animal

Front 171

An animal is considered abandoned on the _____ day after the date the vet mails the notice of abandonment unless an agreement is made to extend the care of the animal

Back 171

11th

Front 172

Notice of abandonment given by a vet (does/does not?) relieve a client of liability to pay for treatment, boarding, or care provided by the vet

Back 172

Does NOT

Front 173

A veterinarian who provides ______ treatment to an ill or injured animal on the veterinarian's own initiative, or at the request of a person other than the animal's owner, is NOT liable to the owner for damages to the animal unless the vet commits gross negligence

Back 173

Emergency

Front 174

If the vet performs _______ in an emergency situation, the veterinarian is presumed to have performed a humane act necessary to relieve the animal's pain and suffering

Back 174

Euthanasia

Front 175

A veterinarian who in good faith and in the normal course of business reports to the appropriate governmental entity a suspected incident of ________ under the Penal Code, is immune from liability in a civil or criminal action brought against the veterinarian for reporting the incident

Back 175

Animal cruelty

Front 176

The board shall require each veterinarian to maintain a recordkeeping system for ________ as required by the Health and Safety Code

Back 176

Controlled substances

Front 177

The controlled substances records are subject to review by a _______ or _________

Back 177

Law enforcement agency or board representative

Front 178

On the death of a veterinarian, the veterinarian's practice ownership and patient recordsbecome the property of the veterinarian's ______ to dispose of as necessary not later than the _____ anniversary of the date of the veterinarian's death

Back 178

Heirs
2nd

Front 179

When discussing Disposal of Animal Remains, "Medical waste" includes animal waste, blood, gloves, sleeves, newspapers , and plastic bags, but does NOT include ______

Back 179

Sharps

Front 180

A veterinarian may dispose of the remains of an animal and medical waste associated with the animal by _____ or ______

Back 180

Burial or burning

Front 181

The burial or burning of an animal and medical waste must occur on property owned by the veterinarian that is located:
1. Outside the ________ of a municipality; or
2. Within the corporate boundaries of a municipality as a result of an annexation that occurs on or after _________.

Back 181

1. Corporate boundaries
2. September 1, 2003

Front 182

The vet may dispose of an animal by burning or burial if at least one of the following are met:
1. A VCP relationship existed between the vet, the owner or other caretaker of the animal, and the animal _____ the animal's death;
2. The vet diagnosed, treated, boarded, or otherwise cared for the animal ______ its death;
3. The vet performed ______ or an ______ on the animal

Back 182

1. Before
2. Before
3. Euthanasia or an autopsy

Front 183

Notwithstanding any other law, the _________ may not adopt a rule that prohibits conduct authorized by the Section on Disposal of Animal Remains

Back 183

Texas Commission on Environmental Quality

Front 184

The Texas Commission on Environmental Quality may not adopt a rule that relates to the disposal of animal remains under the Section of Disposing of Animal Remains unless the rule is developed in cooperation with and is approved by the _________

Back 184

Texas Animal Health Commission

Front 185

The Section on Disposal of Animal Remains prevails over any other law that authorizes a governmental entity to:
1. Prohibit or restrict _______; or
2. Abate a _________

Back 185

1. Outdoor burning
2. Public nuisance

Front 186

A veterinarian may dispense a drug, other than a controlled substance, prescribed by another vet, including a vet licensed in another state, if:
1. Failure to dispense the drug could ______ or cause _____
2. The prescribing vet informs the dispensing vet that the drug is _____ and _____ for the animal
3. The quantity of the dispensed drug does not exceed a _____ supply for each animal annually
4. The annual total of dosage units of drugs dispensed under this subsection is not more than ___% of the total dosage units of drugs the vet dispenses in a year; and
5. The vet maintains _____ of dispensing activities under this section consistent with board rules

Back 186

1. Interrupt a therapeutic regimen or cause the patient to suffer
2. Appropriate and necessary
3. 5-day supply
4. 5%
5. Records

Front 187

A vet does not violate the grounds for license denial or disciplinary action by ordering a prescription drug prescribed by another vet in the case of an emergency for the treatment of an animal without first establishing a _______

Back 187

VCP relationship

Front 188

The board may adopt ____ to implement the section on dispensing drugs prescribed by another vet in an emergency

Back 188

Rules

Front 189

If an applicant or license holder is subject to denial of a license or to disciplinary action, the board may:
1. Refuse to _____ an applicant or to issue or renew a license
2. ____ or _____ a license
3. Place on ______ a license holder or person whose license has been suspended
4. _______ a license holder, or
5. Impose an administrative ______

Back 189

1. Examine
2. Revoke or suspend
3. Probation
4. Reprimand
5. Penalty

Front 190

The board may take disciplinary action after ____ and _____ or as provided by board rule

Back 190

Notice and hearing

Front 191

The board may required a license holder whose license is probated to:
1. _______ regularly to the board on matters that are the basis of the probation;
2. Limit ______ to the areas prescribed by the board: or
3. Continue to review ________ until the license holder attains a degree of skill satisfactory to the board in those areas that are the basis of the probation

Back 191

1. Report
2. Practice
3. Continuing professional education

Front 192

In addition to other disciplinary actions, the board may require a license holder who violates this chapter to participate in a ________. The board shall specify the __________ that the license holder may attend and the number of hours that the license holder must complete. A ________ specified by the board must be relevant to the violation committed by the license holder

Back 192

Continuing education program(s)

Front 193

The board may issue a disciplinary order directing a vet to participate in the _______ if the board determines that the vet is an impaired professional as defined by the Health and Safety Code

Back 193

Peer assistance program

Front 194

A person is subject to denial of a license or to disciplinary action if the person:
1. Presents to the board dishonest or fraudulent evidence of the person's ________
2. Commits fraud or deception in the ________ process or to obtain a license
3. Is chronically or habitually intoxicated, chemically dependent, or addicted to ______
4. Engages in dishonest or illegal practices in, or connected with, the practice of _____ or the practice of ______
5. Is convicted of a _____ under the laws of Texas, another state, or the U.S.
6. Engages in practices or conduct that violates the board's rules of ________
7. Permits another to use the person's _____ to practice vet medicine or to practice equine dentistry in Texas
8. Fraudulently issues a _______, ________, _____, or other form used in the practice of vet medicine or the practice of equine dentistry that relates to the presence or absence of disease

Back 194

1. Qualifications
2. Examination
3. Drugs
4. Vet medicine or Equine dentistry
5. Felony
6. Professional conduct
7. License
8. Health certificate, vaccination certificate, test chart

Front 195

A person is subject to denial of a license or to disciplinary action if the person:
9. Issues a false certificate relating to the sale for human consumption of _______
10. Commits fraud in connection with the application or reporting of a test of ________
11. Pays or receives a _____, _____, _____, or other ________ for treating an animal or for referring a client to another provider of veterinary or equine dental services or goods
12. Performs or prescribes _____ or ______ treatment
13. Orders a prescription drug or controlled substance for treatment of an animal without first establishing a ________
14. Refuses to admit a ______ to inspect the person's client and patient records and business premises during regular business hours
15. Fails to keep the person's equipment and business premises in ______ condition
16. Commits gross ______ or a pattern of acts that indicate consistent malpractice, negligence, or incompetence in the practice of vet medicine or the practice of equine dentistry; or
17. Is subject to disciplinary action in another ______, including the suspension, probation, or revocation of a license to practice vet medicine or to practice equine dentistry issued by another jurisdiction

Back 195

9. Inedible animal products
10. Animal disease
11. Kickback, rebate, bonus, or other remuneration
12. Unnecessary or unauthorized
13. VCP relationship
14. Board representative
15. Sanitary
16. Malpractice
17. Jurisdiction

Front 196

The board may suspend or revoke a license to practice vet medicine, place a vet on probation, or reprimand a vet if the vet knowingly fails to report a disease to the _________ as required by the Agriculture Code

Back 196

Texas Animal Health Commission

Front 197

The board may suspend or revoke a license to practice vet medicine issued under this chapter or place a probation on a vet if the vet fails to maintain ____

Back 197

Records

Front 198

The board may suspend or revoke a license if a court finds that the license holder is mentally ________

Back 198

Incompetent

Front 199

If a court determines that a person whose license is suspended or revoked because of mental incompetence, is actually mentally competent, then the board may _______

Back 199

Reinstate the person's license

Front 200

A person is entitled to a hearing before the State Office of Administrative Hearings if the board:
1. Refuses to _____ the person
2. Denies the person's application for a _____
3. Revokes or suspends the person's _____
4. Places the person on _______
5. ______ the person
6. Assesses an administrative _____ against the person

Back 200

1. Examine
2. License
3. License
4. Probation
5. Reprimands
6. Penalty

Front 201

A hearing conducting under the Section: Right to Hearing; Schedule of Sanctions is governed by what code?

Back 201

Government Code

Front 202

The ________ shall use the schedule of sanctions adopted by board rule for any saction imposed as the result of a hearing conducted by that office

Back 202

State Office of Administrative Hearings

Front 203

The board may conduct deliberations relating to a disciplinary action during _______. At the conclusion of those deliberations, the board shall vote and announce its decision to the license holder in open session

Back 203

Executive session

Front 204

The board by rule shall adopt procedures governing:
1. ______ disposition of a contested case under the Government Code
2. An _____ proceeding held in compliance with the Government Code

Back 204

1. Informal
2. Informal

Front 205

Rules adopted about informal proceedings must:
1. Provide the ______ and the ______ an opportunity to be heard; and
2. Require the presence of the board's ______ or a _______ during an informal proceeding to advise the board or the board's employees

Back 205

1. Complainant and the License holder
2. General counsel or a Representative of the attorney general

Front 206

A committee of ____ veterinarian board members and _____ public board members must be present at an informal proceeding for a complaint that requires medical expertise. The committee shall recommend enforcement action at the informal proceeding.

Back 206

2 or more vet board members
1 or more public board members

Front 207

A committee of board staff may recommend enforcement action at an informal proceeding for a complaint that does not require _______ or may refer the complaint to the committee of board members that can review a complaint that requires ________

Back 207

Medical expertise

Front 208

At an informal proceeding, and on agreement with the license holder, the board may order the license holder to _______ instead of or in addition to imposing an administrative penalty under this chapter. The board may not require payment of other damages or estimate harm under this subsection of Informal Proceedings

Back 208

Refund an amount not to exceed the amount a client paid to the license holder

Front 209

Before an informal disposition is effective, the board must review and approve at a ________ an informal disposition of the complaint recommended by board members and board staff

Back 209

Public meeting

Front 210

An executive committee of the board consisting of the _____ and ________ appointed by the president may temporarily suspend the license of a license holder if the executive committee determines from the evidence or information presented to the committee that continued practice by the license holder constitutes a continuing or imminent threat to the _______. A temporary suspension may also be ordered on a majority vote of the board

Back 210

President and 2 other board members;
Public welfare

Front 211

The board by rule shall adopt _____ for the temporary suspension of a license under this section

Back 211

Procedures

Front 212

A license temporarily suspended under this section may be suspended without notice or hearing if, at the time the suspension is ordered, a hearing on whether disciplinary proceedings under this chapter should be initiated against the license holder is scheduled to be held not later than the _____ day after the date of the suspension

Back 212

14th

Front 213

A second hearing on the suspended license shall be held not later than the _____ day after the date the suspension is ordered. If the second hearing is not held in the time required by this subsection, the suspended licsense is automatically reinstated

Back 213

60th

Front 214

An appeal of an action of the board must be filed in a district court in _____ County

Back 214

Travis

Front 215

The board may impose an ________ on a person, including a corporation, organization, business trust, estate, trust, partnership, association, or other legal entity, who violates this chapter or a rule adopted or order issued under this chapter

Back 215

Administrative penalty

Front 216

The amount of an administrative penalty may not exceed ______ for each violation per day

Back 216

$5,000

Front 217

The amount of the penalty shall be based on:
1. The ______ of the violation, including the nature, circumstances, extent, and gravity of any prohibited act; and the hazard or potential hazard created to the health, safety, or economic welfare of the public;
2. The economic harm to _____ or the ______ caused by the violation
3. The ____ of previous violations
4. The amount necessary to ____ a future violation
5. Efforts to _____ the violation; and
6. Any other _____ that justice may require

Back 217

1. Seriousness
2. Property or the environment
3. History
4. Deter
5. Correct
6. Matter

Front 218

A committee described in the Informal Proceedings section shall recommend the _______ of the administrative penalty based on a standardized penalty schedule. The board by rule shall develop the standardized penalty schedule

Back 218

Amount

Front 219

On a determination by a committee described in the Informal Proceedings section that a violation of this chapter or a rule adopted or order issued under this chapter occurred, the committee may issue a report to the board stating:
1. The ____ on which the determination is based; and
2. The committee's recommendation on the _____ of an administrative penalty, including a recommendation on the amount of the penalty

Back 219

1. Facts
2. Imposition

Front 220

Not later than the ____ day after the date the report is issued, the executive director shall give written notice of the committee's report to the person on whom the penalty may be imposed. The notice may be given by certified mail

Back 220

14th

Front 221

The notice given under this section on Penalties must:
1. Include a notice of ______
2. State the amount of any recommended ______; and
3. Inform the person of the person's ________ on the occurrence of the violation, the amount of the penalty, or both

Back 221

1. Each alleged violation
2. Penalty
3. Right to a hearing

Front 222

Not later than the ____ day after the date a person receives the notice, a person may in writing:
1. Accept the committee's determination and recommended administrative _____; or
2. Request a _____ on the occurrence of the violation, the amount of the penalty, or both

Back 222

20th
1. Penalty
2. Hearing

Front 223

If the person accepts the committee's determination and recommended penalty, the board by order may:
1. _______ the determination and impose the recommended penalty;
2. _______ the determination or recommended penalty; or
3. _______ the determination or recommended penalty

Back 223

1. Approve
2. Modify
3. Reject

Front 224

If the person requests a hearing or fails to respond timely to the notice, the ______ shall set a hearing and give notice of the hearing to the person

Back 224

Executive director

Front 225

A hearing set by the executive director shall be held by ________

Back 225

An administrative law judge of the State Office of Administrative Hearings

Front 226

The administrative law judge shall:
1. Make ______ and ______ of law; and
2. Promptly issue to the board a _____ for a decision as to the occurrence of the violation and the amount of any proposed administrative penalty

Back 226

1. Findings of fact and Conclusions
2. Proposal

Front 227

Based on the findings of fact, conclusions by law, and proposal for a decision under the Section on Hearing on Committee's Recommendations, the board by order may determine that:
1. A violation has ________
2. A violation ______

Back 227

1. Occurred and impose an administrative penalty
2. Did not occur

Front 228

The notice of the board's order given to the person under the Government Code must include a _________

Back 228

Statement of the person's right to judicial review of the order

Front 229

Not later than the ____ day after the date of the board's order becomes final, the person shall:
1. Pay the _______;
2. Pay the penalty and ________
3. Without paying the penalty, ________

Back 229

1. Administrative penalty
2. File a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both;
3. File a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both

Front 230

Within the 30-day period, a person who acts under Subsection: Options Following Decision, Pay or Appeal may:
1. _____ enforcement of the penalty
2. Request the ______ to stay enforcement by the penalty

Back 230

1. Stay
2. Court

Front 231

A person may stay enforcement of the penalty by:
1. Paying the penalty to the court for placement in an _____ account; or
2. Giving the court a ________ that is approved by the court and that is for the amount of the penalty and is effective until judicial review of hte board's order is final

Back 231

1. Escrow
2. Supersedeas bond

Front 232

A person may request the court to stay enforcement of hte penalty by:
1. Filing with the court a ______ of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond; and
2. Giving a copy of the ______ to the executive director by certified mail

Back 232

1. Sworn affidavit
2. Affidavit

Front 233

If the executive director receives a copy of an affidavit, the executive director may file with the court a contest to the affidavit not later than the _____ day after the date the copy is received

Back 233

5th

Front 234

The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and stay enforcement of the penalty on finding that the ________. The person who _____ has the burden of proving that the person is financially unable to pay the penalty and to give the supersedeas bond

Back 234

Alleged facts are true
Files the affidavit

Front 235

If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter to the ______ for collection of the penalty

Back 235

Attorney general

Front 236

If a court sustains the determination that a violation occurred, the court may _____ or _____ the amount of the administrative penalty and order the person to pay the full or reduced amount

Back 236

Uphold or reduce

Front 237

If the court does NOT sustain the determination that a violation occurred, the court shall order that an ________

Back 237

Administrative penalty is NOT owed

Front 238

If, after judicial review, the administrative penalty is reduced or not upheld by the court, the court shall, after the judgment becomes final:
1. Order the appropriate amount, plus ______, be remitted to the person if the person paid the penalty; or
2. Order the release of ______ after the person pays the penalty imposed if the person posted a supersedeas bond

Back 238

1. Accrued interest
2. The bond

Hint 238

The accrued interest paid is the rate charged on loans to depository institutions by the New York Federal Reserve Bank. The interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted

Front 239

A proceeding under the Subchapter: Administrative Procedure is subject to _________

Back 239

Government Code

Front 240

The Administrative Procedure Subchapter does not prohibit the board from assessing an ________ by using an informal proceeding

Back 240

Administrative penalty

Front 241

The board by rule shall develop a system for monitoring a license holder's compliance with the requirements of this chapter. The rules must include procedures to:
1. Monitor for ______ a license holder who is ordered by the board to perform certain acts; and
2. Identify and monitor a license holder who represents a _____ to the public

Back 241

1. Compliance
2. Risk

Front 242

The board, through the attorney general or a district or county attorney, may bring an action for an injunction, or a proceeding incident to an injunction, to:
1. ______ this chapter; or
2. ______ a person, including a corporation, organization, business trust, estate, trust, partnership, association, or other legal entity, from practicing veterinary medicine or equine dentistry in violation of this chapter

Back 242

1. Enforce
2. Enjoin

Front 243

Venue for an action under this Section: Injunctive Relief, is in:
1. The ____ in which the person against whom the action is brought resides, if the person is an individual who resides in this state;
2. The county of the _______ in Texas if the defendant is not an individual; or
3. ______ County, if the person is an individual who does not reside in Texas or is an entity that does not have its principal office in this state

Back 243

1. County
2. Defendant's principal office
3. Travis

Front 244

A corporation, organization, business trust, estate, trust, partnership, association, or other legal entity not owned exclusively by one or more persons ______________ under this chapter may not engage in vet medicine

Back 244

Licensed to practice vet medicine

Front 245

A veterinarian may not form or continue a _______ with a member of another profession or a person who is not a member of a profession if a part of the partnership employment consists of the practice of vet medicine

Back 245

Partnership

Front 246

The Business and Commerce Code does not apply to a claim against a vet for damages alleged to have resulted from veterinary _______ or _______

Back 246

Malpractice or negligence

Front 247

If it appears to the board that a person is engaging in an act or practice that constitutes the practice of vet medicine without a license or the practice of equine dentistry without a license under this chapter, the board, after notice and opportunity for a hearing, may issue a __________

Back 247

Cease and desist order prohibiting the person from engaging in the activity

Front 248

A violation of a cease and desist order constitutes grounds for imposing an ________

Back 248

Administrative penalty

Front 249

The board shall adopt a formal policy to focus _________ toward investigating complaints

Back 249

Enforcement efforts

Front 250

The equine dental provider advisory committee is an informal advisory committee to the board and is not subject to __________

Back 250

Government Code

Front 251

The advisory committee does not have any independent __________ but shall advise and assist the board in adopting rules relating to licensed equine dental providers

Back 251

Rulemaking authority

Front 252

The board shall consult the advisory committee regarding matters relating to a disciplinary action that involves a __________

Back 252

Licensed equine dental provider

Front 253

What members compose the equine dental provider advisory committee?

Back 253

1. 2 members who are licensed equine dental providers, have resided in and engaged in the practice of smoothing and filing teeth by floating in Texas for 5 years immediately preceding the date of appointment, and are of good repute; and
2. 1 veterinarian member who is active and in good standing and who supervises licensed equine dental provider

Front 254

The 2 members of the equine dental provider advisory committee who are licensed equine dental providers are not required to hold a license to practice equine dentistry until ___________.

Back 254

September 1, 2012

Front 255

Appointments made to the advisory committee shall be made without regard to the _____, ____, ______, ___, _____, ____, or ________ national origin of the appointees

Back 255

Race, color, disability, sex, religion, age, or national origin

Front 256

Members of the equine dental provider advisory committee are appointed for staggered _____ terms. The terms of the members expire on Feb 1 of each odd-numbered year

Back 256

6-year

Front 257

If a vacancy occurs during a member's term, the _______ of the board shall appoint a new member to fill the unexpired term

Back 257

Presiding officer

Front 258

An advisory committee member may not serve more than ______ full terms

Back 258

2 consecutive

Front 259

It is grounds for removal from the equine dental provider advisory committee that a member:
1. Does not have ________ the qualifications necessary
2. Does not __________ the qualifications required
3. Cannot, because of _____ or ______, discharge the member's duties for a substantial part of the member's term

Back 259

1. At the time of appointment
2. Maintain during service on the advisory committee
3. Illness or disability

Front 260

The ______ of an action of the advisory committee is not affected by the fact that it is taken when a ground for removal of an advisory committee member exists

Back 260

Validity

Front 261

The presiding officer of the board shall designate _______ an equine dental provider advisory committee member as the presiding officer of the advisory committee to serve in that capacity at the will of the presiding officer of the board

Back 261

Biennially

Front 262

An equine dental provider advisory committee member is not entitled to reimbursement for _______ or _______

Back 262

Travel expenses or compensation

Front 263

The equine dental provider advisory committee shall meet at the call of the ________

Back 263

Presiding officer of the board

Front 264

A meeting may be held by _____ or _______

Back 264

Telephone or conference call

Front 265

What is my name?

Back 265

Erin

Front 266

Rule 573.1 is avoidance of conflicting interest. When is it permissible for a veterinarian to represent conflicting interests?

Back 266

Express consent of all concerned after a full disclosure of the facts.

Front 267

Rule 573.1 is avoidance of conflicting interest. Please give an example of how a veterinarian may be wrongly representing conflicting interests.

Back 267

When a veterinarian accepts a fee from both buyer and seller for a soundness examination.

Front 268

Pertaining to rule 573.1 (avoidance of conflicting interest) what crime is being committed by a veterinarian who accepts a fee from both the buyer and seller of an animal for a soundness exam?

Back 268

This is prima facie evidence of fraud.

Front 269

Rule 573.2 is avoidance of encroachment on another's practice. What would this encroachment entail?

Back 269

Direct or indirect effort that is calculated to influence the sound professional judgement of another veterinarian.

Front 270

Rule 573.2 is avoidance of encroachment on another's practice. When is it generally acceptable for a veterinarian to give new advice to a client having a known history with a previous veterinarian that was thought to have had unfaithful or neglectful veterinary services?

Back 270

After communication with the veterinarian of whom the client is complaining about.

Front 271

Rule 573.1 is avoidance of conflicting interest. When is it permissible for a veterinarian to represent conflicting interests?

Back 271

Express consent of all concerned after a full disclosure of the facts.

Front 272

Rule 573.1 is avoidance of conflicting interest. Please give an example of how a veterinarian may be wrongly representing conflicting interests.

Back 272

When a veterinarian accepts a fee from both buyer and seller for a soundness examination.

Front 273

Pertaining to rule 573.1 (avoidance of conflicting interest) what crime is being committed by a veterinarian who accepts a fee from both the buyer and seller of an animal for a soundness exam?

Back 273

This is prima facie evidence of fraud.

Front 274

Rule 573.2 is avoidance of encroachment on another's practice. What would this encroachment entail?

Back 274

Direct or indirect effort that is calculated to influence the sound professional judgement of another veterinarian.

Front 275

Rule 573.2 is avoidance of encroachment on another's practice. When is it generally acceptable for a veterinarian to give new advice to a client having a known history with a previous veterinarian that was thought to have had unfaithful or neglectful veterinary services?

Back 275

After communication with the veterinarian of whom the client is complaining about.

Front 276

Rule 573.1 is avoidance of conflicting interest. When is it permissible for a veterinarian to represent conflicting interests?

Back 276

Express consent of all concerned after a full disclosure of the facts.

Front 277

Rule 573.1 is avoidance of conflicting interest. Please give an example of how a veterinarian may be wrongly representing conflicting interests.

Back 277

When a veterinarian accepts a fee from both buyer and seller for a soundness examination.

Front 278

Pertaining to rule 573.1 (avoidance of conflicting interest) what crime is being committed by a veterinarian who accepts a fee from both the buyer and seller of an animal for a soundness exam?

Back 278

This is prima facie evidence of fraud.

Front 279

Rule 573.2 is avoidance of encroachment on another's practice. What would this encroachment entail?

Back 279

Direct or indirect effort that is calculated to influence the sound professional judgement of another veterinarian.

Front 280

Rule 573.2 is avoidance of encroachment on another's practice. When is it generally acceptable for a veterinarian to give new advice to a client having a known history with a previous veterinarian that was thought to have had unfaithful or neglectful veterinary services?

Back 280

After communication with the veterinarian of whom the client is complaining about.

Front 281

Rule 573.3 is exposure of corrupt or dishonest conduct. What does this rule state regarding when and to whom this behavior is reported?

Back 281

It should be reported without fear or favor whenever this behavior is found. Reports should go before proper tribunal or the State Board of Veterinary Medical Examiners.

Front 282

Rule 573.4 is adherence to the law. What is needed to take action against a veterinarian that has broken this rule?

Back 282

Proof of the commision of the act while practicing veterinary medicine (or under the guise of veterinary medicine).

Front 283

Rule 573.4 is adherence to the law. True/False: A complaint indictment or conviction of a law violation IS necessary for enforcement of this rule.

Back 283

FALSE

Front 284

Rule 573.4 is adherence to the law. True/False: A complaint indictment or conviction of a law violation IS NOT necessary for enforcement of this rule.

Back 284

TRUE

Front 285

Rule 573.5 is avoidance of corruption of others. It involves not allowing a veterinarian to render service or advice to the corruption of certain people. Who are the people included in this rule?

Back 285

Person or persons exercising public office or private trust or deception/betrayal of the public itself.

Front 286

Rule 573.6 is restriction of partnerships to members of profession. What are the requirements to form partnerships for the practice of veterinary medicine?

Back 286

1. Member of the veterinary profession; 2. Duly authorized to practice; 3. Amenable to professional discipline

Front 287

Rule 573.6 is restriction of partnerships to members of profession. True/False: In the selection of a firm name no false or misleading name shall be used.

Back 287

TRUE

Front 288

Rule 573.6 is restriction of partnerships to members of profession. True/False: Partnerships between veterinarians and members of other professions or nonprofessional persons shall not be formed or permitted if a part of the partnership employment consists of the practice of veterinary medicine.

Back 288

TRUE

Front 289

Rule 573.6 is restriction of partnerships to members of profession. True/False: Partnerships between veterinarians and members of other professions or nonprofessional persons shall not be formed or permitted UNLESS a part of the partnership employment consists of the practice of veterinary medicine.

Back 289

FALSE

Front 290

Rule 573.7 is no abuse of position or trust. How is this abuse defined?

Back 290

Using present/past position or office of trust deliberately to either create an individual professional advantage or coerce/deceive the public.

Front 291

Rule 573.8 is loss of accreditation. What does this rule mean?

Back 291

If a veterinarian's accreditation has been revoked then he/she is subject to disciplinary action by the board.

Front 292

Rule 573.9 is nonresident consultants. Do consultants need to be supervised?

Back 292

Yes. At all times under the direct supervision of a Texas veterinarian.

Front 293

Rule 573.9 is nonresident consultants. What is the definition of a consultation for the purposes of this rule?

Back 293

Render professional advice (diagnosis and prognosis) about veterinary medical cases but does not include treatment or surgery.

Front 294

Rule 573.9 is nonresident consultants. True/False: Nonresident consultants may establish a routine visit schedule of consultations in Texas.

Back 294

FALSE

Front 295

Rule 573.9 is nonresident consultants. True/False: Nonresident consultants may NOT establish a routine visit schedule of consultations in Texas.

Back 295

TRUE

Front 296

Rule 573.9 is nonresident consultants. What does consultant mean in the state of Texas?

Back 296

A veterinarian licensed in other states may enter Texas for purposes of consultation.

Front 297

Rule 573.10 is supervision of non-licensed employees. Under the general supervision portion

Back 297

He/she must be readily available to communicate with the person under supervision.

Front 298

Rule 573.10 is supervision of non-licensed employees. Under the direct supervision portion what is required of the veterinarian?

Back 298

He/she must be physically present on the same premises as the non-licensee under supervision.

Front 299

Rule 573.10 is supervision of non-licensed employees. Under the immediate supervision portion

Back 299

He/she must be within audible and visual range of both the animal patient and the person under supervision.

Front 300

Rule 573.10 is supervision of non-licensed employees. Under the delegation relating to official health/test documents

Back 300

1. Licensee's personal signature; 2. Signature stamp/electronic signature

Front 301

In accordance to the requirements of rule 573.51 of this title (Rabies Control); Rule 573.10 is supervision of non-licensed employees; Under the delegation relating to official health/test documents; under what circumstances does the licensee need to personally sign these documents?

Back 301

If the licensee has received compensation regardless of whether said compensation is ultimately refunded then he/she must personally sign the document.

Front 302

Rule 573.10 is supervision of non-licensed employees. Under the delegation relating to official health/test documents what are the exceptions in which a licensee is allowed to issue pre-stamped or pre-signed official health documents?

Back 302

Never. This is strictly prohibited.

Front 303

Rule 573.10 is supervision of non-licensed employees. Under the delegation relating to official health/test documents when is a non-licensed employee allowed to collect samples from animals for official tests?

Back 303

They may collect samples under the licensee's direct supervision. Unless it is prohibited by law and except as provided in paragraph four of this subsection.

Front 304

Rule 573.10 is supervision of non-licensed employees. Under the delegation relating to official health/test documents who can perform brucellosis testing and when can they do it? This person can perform testing at a livestock market or collect blood samples on animals to be consigned directly from the ranch to slaughter and submit them to state/federal laboratories.

Back 304

A person approved by the Texas Animal Health Commission (TAHC) and under the supervision of a TAHC approved veterinarian.

Front 305

Rule 573.10 is supervision of non-licensed employees. Under the delegation relating to official health/test documents when can a non-licensed employee use the veterinarian's signature stamp or electronic signature pad?

Back 305

Only under direct supervision of the veterinarian.

Front 306

Rule 573.10 is supervision of non-licensed employees. Under the responsibility for acts of non-licensed employees what are these responsibilities?

Back 306

1. Licensee may determine their qualifications for routine care and treatment. 2. Licensee is directly responsible for all their actions under the licensee's directions or authorization in which there is compensation (whether or not it is refunded) 3. Licensee is subject to disciplinary action by the board if he/she fails to properly supervise the non-licensed employee.

Front 307

Rule 573.10 is supervision of non-licensed employees. Under the prohibited services an unlicensed individual shall NOT perform which health care services?

Back 307

1. Surgery 2. Invasive dental procedures 3. Diagnosis and prognosis of animal diseases and/or conditions 4. Prescribing drugs and appliances

Front 308

Rule 573.10 is supervision of non-licensed employees. Under the level of supervision of non-licensed employees how is this determined?

Back 308

By the licensee where appropriate unless it is otherwise prohibited by law. The level of training and experience should be considered.

Front 309

Rule 573.10 is supervision of non-licensed employees. Under the level of supervision of non-licensed employees a registered veterinary technician (RVT) should be given greater responsibility than other non-licensed employees. What is an RVT?

Back 309

Person who performs the duties specified by the AVMA's committee on Veterinary Technician Education and activities. He/she is qualified and registered by the Texas Veterinary Medical Association.

Front 310

Rule 573.10 is supervision of non-licensed employees. Under the level of supervision of non-licensed employees a What is an RVT allowed to do? Can a non-RVT perform these tasks?registered veterinary technician (RVT) should be given greater responsibility than other non-licensed employees.

Back 310

1. Suture existing surgical incisions; 2. Induce anesthesia; Yes but ONLY under direct/immediate supervision of a licensee.

Front 311

Rule 573.10 is supervision of non-licensed employees. Under the level of supervision of non-licensed employees a registered veterinary technician (RVT) should be given greater responsibility than other non-licensed employees. Is an RVT allowed to perform euthanasia?

Back 311

Yes but only under immediate supervision of a veterinarian.

Front 312

Rule 573.10 is supervision of non-licensed employees. Under the level of supervision of non-licensed employees what can be done by these employees in an emergency situation?

Back 312

If prompt treatment is essential then a licensee may after determining the nature of the emergency and the condition of the animal issue directions of care by telephone email messaging radio or facsimile communication.

Front 313

Rule 573.10 is supervision of non-licensed employees. True/False: Under the level of supervision of non-licensed employees if a veterinarian gives directions for care to a non-licensed employee during an emergency situation the licensee is now required to accept this animal as a patient.

Back 313

False (the veterinarian assumes responsibility for the treatment but is not required to accept them as a patient.)

Front 314

Rule 573.10 is supervision of non-licensed employees. Under the level of supervision of non-licensed employees what can be done by these employees in the care of hospitalized animals?

Back 314

Non-licensed employees may follow oral/written treatment orders from a veterinarian in the absence of direct supervision. However this is provided that there is a valid veterinary-client-patient relationship and that the veterinarian has examined the animal.

Front 315

Rule 573.11 is responsibility for unlicensed and licensed employees. What is the scope of responsibility regarding the actions of unlicensed employees?

Back 315

The veterinarian accepts full responsibility for the actions of an unlicensed employee that commits an act that constitutes unauthorized practice of veterinary medicine.

Front 316

Rule 573.11 is responsibility for unlicensed and licensed employees. What must be assured when a veterinarian employs and/or supervises another person practicing veterinary medicine?

Back 316

1. This person is licensed. 2. This person meets the requirements of rule 573.47 for registration with the DEA and Texas Department of Public Safety.

Front 317

Rule 573.12 is alternate therapies - chiropractic and other forms of musculoskeletal manipulation. What are chiropractic and other forms of musculoskeletal manipulation?

Back 317

Systems of therapeutic application of mechanical forces applied manually through the hands or any mechanical device to diagnose treat and/or alleviate impaired or altered function of related components of the musculoskeletal system of nonhuman animals.

Front 318

Rule 573.12 is alternate therapies - chiropractic and other forms of musculoskeletal manipulation. Who can perform these therapies?

Back 318

1. Licensed veterinarian under certain conditions: a. Valid veterinary-client-patient relationship as defined in the Act b. Examination performed to determine that chiropractic/MSM will not be harmful c. Licensee obtains signed acknowledgement by owner/caretaker that chiropractic/MSM is an alternate therapy. 2. Lincensee's employee or independent contractor under the direct or general supervision of the veterinarian 3. Individual to whom the exceptions of the Act apply

Front 319

Rule 573.12 is alternate therapies - chiropractic and other forms of musculoskeletal manipulation. Under the portion of responsibility how will the licensee be held by the Board in regards to the use of chiropractic/MSM therapies?

Back 319

The board will hold the licensee to a level of professional judgement as would be exercised by the average Texas licensee who performs these alternate therapies. (Regardless of whether or not the licensee employee or independent contractor performs the therapy)

Front 320

What is the definition of ultrasound?

Back 320

Mechanical radiant energy with a frequency >20 kilocycles/second

Front 321

What is the definition of ultrasonics?

Back 321

That part of science acoustics dealing with frequency range beyond the upper limit of perception by the human ear (usually restricted to frequencies >500 kilocycles/second)

Front 322

What is the definition of ultrasonic radiation?

Back 322

The effect of ultrasound which is injurious to tissues because of its thermal effect when absorbed by living matter.

Front 323

What is the definition of ultrasonic therapy?

Back 323

controlled doses of ultrasound used therapeutically to selectively break down pathologic tissues as in treatment of arthritis and lesions of the nervous system.

Front 324

What is the definition of diagnostic ultrasound?

Back 324

Ultrasound images used as a diagnostic aid by visually displaying echoes received from irradiated tissues.

Front 325

What is the definition of ultrasonography?

Back 325

The visualization of deep structures of the body by recording the reflections of pulses of ultrasonic waves directed into the tissues.

Front 326

Rule 573.13 is use of ultrasound in diagnosis or therapy. Who can perform it?

Back 326

Only a licensed veterinarian or under the general supervision of a licensed veterinarian.

Front 327

Rule 573.13 is use of ultrasound in diagnosis or therapy. When can a person who is not a licensed veterinarian perform ultrasound?

Back 327

1. For diagnostic purposes: only at the request of a licensed veterinarian who has an established veterinary-client-patient ratio as well as the veterinarian who uses the ultrasound to make the diagnosis. 2. For therapeutic purposes: only at the request of a licensed veterinarian who has an established veterinary-client-patient ratio made a diagnosis and prescribed ultrasonics as a treatment.

Front 328

Rule 573.14 is alternate therapies - acupuncture. What is the definition of acupuncture?

Back 328

1. Insertion of an acupuncture needle and the application of moxibustion to specific areas of a non-human animal's body to relieve the discomfort associated with painful disorder to induce surgical anesthesia and for therapeutic purposes; and 2. The administration of thermal or electrical treatments or the recommendation of dietary guidelines energy flow exercise or dietary or herbal supplements in conjunction with the treatment described by paragraph (1) of this subsection. Acupuncture in non-human animals is considered to be an alternate therapy in the practice of veterinary medicine.

Front 329

Rule 573.14 is alternate therapies - acupuncture. In the portion use of acupuncture in the treatment of animals who may use acupuncture.

Back 329

ONLY a veterinarian with NO exceptions.

Front 330

Rule 573.14 is alternate therapies - acupuncture. Under the portion client consent required what must be done before a veterinarian can perform acupuncture on a patient?

Back 330

1. A signed statement from the animal's owner/caretaker acknowledging that acupuncture is an alternate therapy. 2. Explanation by the veterinarian of conventional treatments available and their probable ability to cure the problem BEFORE the aforementioned statement is signed.

Front 331

Rule 573.14 is alternate therapies - acupuncture. Under the portion standard used in determining appropriate use of acupuncture what is used in an investigation of a complaint about a veterinarian's use of acupuncture?

Back 331

Opinions from other licensees who use acupuncture in their treatment of animals. However veterinarians who practice acupuncture shall exercise the same degree of professionalism as used by average veterinary medical professionals in good standing in the locality or community in which they practice.

Front 332

Rule 573.14 is alternate therapies - acupuncture. Under the portion other board rules not preempted how does this rule affect other rules of the Board?

Back 332

Nothing in this rule shall remove or limit in any way the applicability of other rules of the Board as they apply to the practice of veterinary medicine.

Front 333

Rule 573.15 is alternate therapies - holistic medicine. What is the definition of holistic medicine?

Back 333

The practice of veterinary medicine that believes in a blend of alternative and if need be conventional approaches of treatment in an effort to develop a system of complementary medicine to treat the whole patient.

Front 334

Rule 573.15 is alternate therapies - holistic medicine. In the definition of holistic medicine what methods are commonly used in practice to combine with the more conventional methods?

Back 334

Herbal medicine; Acupuncture; Chiropractic; Homeopathy; Applied kinesiology

Front 335

Rule 573.15 is alternate therapies - holistic medicine. Under the portion of use of in the the treatment of animals who may use holistic medicine?

Back 335

ONLY a licensed veterinarian may use holistic medicine with NO exceptions.

Front 336

Rule 573.15 is alternate therapies - holistic medicine. Under the portion client consent required what is necessary before a veterinarian may administer holistic therapies?

Back 336

1. Signed statement from the owner/caretaker acknowledging that holistic medicine is an alternative therapy (This will be part of the permanent record). 2. Before signing the statement the veterinarian must inform the owner/caretaker of conventional treatments available and their probability of curing the problem.

Front 337

Rule 573.15 is alternate therapies - holistic medicine. Under the portion standard used in determining appropriate use of holistic medicine what is used in an investigation of a complaint about a veterinarian's use of holistic medicine?

Back 337

Opinions from other licensees who use holistic medicine in their treatment of animals. However veterinarians who practice acupuncture shall exercise the same degree of professionalism as used by average veterinary medical professionals in good standing in the locality or community in which they practice.

Front 338

Rule 573.15 is alternate therapies - holistic medicine. Under the portion other board rules not preempted how does this rule affect other rules of the Board?

Back 338

Nothing in this rule shall remove or limit in any way the applicability of other rules of the Board as they apply to the practice of veterinary medicine.

Front 339

Rule 573.16 is alternate therapies - homeopathy. What is the definition of homeopathy?

Back 339

A system of therapeutics in which diseases are treated by substances which are capable of producing in healthy animals symptoms like those of the disease to be treated the substance being administered in minute doses.

Front 340

Rule 573.16 is alternate therapies - homeopathy. Under the portion of use of in the the treatment of animals who may use homeopathy?

Back 340

ONLY a licensed veterinarian may use homeopathy with NO exceptions.

Front 341

Rule 573.16 is alternate therapies - homeopathy. Under the portion client consent required what is necessary before a veterinarian may administer homeopathy?

Back 341

1. Signed statement from the owner/caretaker acknowledging that homeopathy is an alternative therapy (This will be part of the permanent record). 2. Before signing the statement the veterinarian must inform the owner/caretaker of conventional treatments available and their probability of curing the problem.

Front 342

Rule 573.16 is alternate therapies - homeopathy. Under the portion standard used in determining appropriate use of homeopathy what is used in an investigation of a complaint about a veterinarian's use of holistic medicine?

Back 342

Opinions from other licensees who use homeopathy in their treatment of animals. However veterinarians who practice acupuncture shall exercise the same degree of professionalism as used by average veterinary medical professionals in good standing in the locality or community in which they practice.

Front 343

Rule 573.16 is alternate therapies - homeopathy. Under the portion other board rules not preempted how does this rule affect other rules of the Board?

Back 343

Nothing in this rule shall remove or limit in any way the applicability of other rules of the Board as they apply to the practice of veterinary medicine.

Front 344

Rule 573.20 is responsibility for acceptance of medical care. Who accepts an animal as a patient and why?

Back 344

It is at the sole discretion of a veterinarian as he/she is responsible for determining the diagnosis and course of treatment for an animal that has been accepted as a patient and for advising as to the diagnosis and treatment.

Front 345

Rule 573.20 is responsibility for acceptance of medical care. When must a veterinarian inform a client?

Back 345

1. The client has specifically requested that the veterinarian diagnose and/or treat the client's animal. 2. The veterinarian reasonably believes there is a likelihood or possibility that another veterinarian may perform some or all of the diagnosis and/or treatment of the patient.

Front 346

Rule 573.20 is responsibility for acceptance of medical care. How may a veterinarian discontinue treatment of a patient after the patient-client-veterinarian relationship has been established?

Back 346

1. Request of the client. 2. After the veterinarian substantially completes the treatment or diagnostics prescribed. 3. Upon referral to another veterinarian. 4. After notice to the client providing a reasonable period for the client to secure the services of another veterinarian.

Front 347

Rule 573.21 is direct responsibility to client. From what are the professional services of a veterinarian to be safeguarded against in order to maintain direct responsibility to the client?

Back 347

Veterinarians shall not be controlled or exploited by any lay agency personal or corporate which intervenes between the client and the veterinarian. A veterinarian shall not allow intervention with the practice of veterinary medicine nor submit to such interference. A veterinarian shall avoid all relationships which could result in interference or intervention in the practice by these entities/people. Veterinarians are responsible for his/her own actions.

Front 348

Rule 573.23 is professional standard of humane treatment. What is this standard?

Back 348

They shall exercise the same degree of humane care skill and diligence in treating patients as are used by average members of the veterinary medical profession in good standing in the locality or community.

Front 349

Rule 573.23 is board certified specialists and duty of licensee to refer a case. What is the definition of a Specialist?

Back 349

He/she is a Board Certified Diplomate of a specialty organization recognized by the American Veterinary Medical Association.

Front 350

Rule 573.23 is board certified specialists and duty of licensee to refer a case. True/False: General practitioners are held to the same standard of care as a Board Certified Specialist.

Back 350

FALSE notwithstanding rule 573.22 of this title.

Front 351

Rule 573.23 is board certified specialists and duty of licensee to refer a case. Under the portion of responsibility of licensee to refer a case if the care and treatment of an animal is beyond the capability of the licensee is he/she required to refer the case to a specialist?

Back 351

No. However it is the duty of that licensee to refer the case to a more qualified licensee. The decision to keep or refer the case shall be based on the exercise of sound judgement within the prevailing standard of care for a licensee faced with the same or similar circumstances.

Front 352

Rule 573.23 is board certified specialists and duty of licensee to refer a case. How shall an investigation of a complaint about a Specialist proceed?

Back 352

It will include consultations with one or more Specialists licensed by the Board practicing the same specialty on the species involved in the complaint. The Board may also consult with Specialists outside of Texas. An informal conference if warranted and at their own expense will include oral or written presentations by a Specialist practicing the same speciality on the species involved.

Front 353

Rule 573.23 is board certified specialists and duty of licensee to refer a case. Under the portion of complaints regarding failure to make proper referral how will the Board handle these situations?

Back 353

Investigations will include… 1. Evaluation of training and experience of the license. 2. Availability of a specialist or more qualified license. 3. Timeliness and adequacy of information provided to the client regarding the possible need for a referral. 4. The requests of the client. 5. Likelihood that an adverse result could have been prevented by a timely referral.

Front 354

Rule 573.23 is board certified specialists and duty of licensee to refer a case. Under the portion of record-keeping what is the proper procedure for a licensee regarding referrals?

Back 354

1. Enter the date and substance of any referral recommendations with reference to the response of the client. 2. Date and substance of of any consultation concerning a case with a specialist or other more qualified veterinarians in the patient's permanent record.

Front 355

Rule 573.24 is issuance of certificates through direct knowledge only. What does direct knowledge entail in the issuance of these certificates?

Back 355

Personal examination of the individual animal so that he/she knows they meet the requirements for the issuance of the certificate based on this examination and appropriate tests.

Front 356

Rule 573.24 is issuance of certificates through direct knowledge only. How should the licensee handle the use of these certificates?

Back 356

1. Licensee will be deemed to have knowledge of certificates issued and/or will maintain in the patient or client files. 2. Licensee is responsible for the security and proper use of these documents and shall take reasonable care to prevent the misuse thereof. 3. Licensee shall immediately report to the TBVME the loss theft or deliberate or accidental misuse of any such certificate form record or report

Front 357

Rule 573.25 is avoidance of guaranteeing cures. True/False: Although it is professionally dishonest for a licensed veterinarian to guarantee a cure a veterinarian should not avoid bold and confident assurances to clients as employment depends on such assurances.

Back 357

False. Bold and confident assurances should be avoided as employment depends upon such assurances.

Front 358

Rule 573.26 is honesty integrity and fair dealing How does this rule apply to veterinarians?

Back 358

It is how licensed veterinarians should conduct their practice to clients in time and services rendered and in the amount charged for services facilities appliances and drugs.

Front 359

Rule 573.27 is observance of confidentiality. In this rule a veterinarian shall not violate the confidential relationship between the veterinarian and the client. What is the exception to this rule?

Back 359

Disclosing information contained in a rabies certificate to a governmental entity only for purposes related to the protection of public health and safety.

Front 360

Rule 573.27 is observance of confidentiality. In this rule a veterinarian shall not disclose any information concerning the care for an animal. What are the exceptions to this portion of the rule?

Back 360

1. Written or oral authorization or other form of waiver executed by the client; 2. On receipt by the veterinarian of an appropriate court order or subpoena. 3. Disclosure of rabies certificate information to a governmental entity for the purposes of public health safety.

Front 361

Rule 573.28 is maintenance of sanitary premises. What does this entail?

Back 361

1. Clean/sanitary offices/clinics/hospitals with no accumulation of trash/debris/filth. 2. Premises shall be maintained in full compliance with all health requirements of city/county as well as the State of Texas. 3. Properly sterilize instruments and clean supplies.

Front 362

Rule 573.29 is complaint information and notice to clients. What must the licensee provide to the client so that they may lodge a complaint if they so wish?

Back 362

1. Specific address for the Board... Texas State Board of Veterinary Medical Examiners, 333 Guadalupe, Suite 3-810, Austin, TX 78701-3942; 2. The Board's telephone numbers (512-305-7555 or fax: [phone]); 3. Toll-free complaint information number (1-800-821-3205)

Front 363

Rule 573.29 is complaint information and notice to clients. What are the acceptable forms for providing effective information to clients so they can lodge a complaint to the Board?

Back 363

1. Written notice form (at least 14 point print size) that is prominently displayed in the area that is most frequented by the public. 2. Brochure available in the area that is most frequented by the public. 3. Statement on each written bill invoice or receipt

Front 364

Rule 573.30 is advertising. Veterinarians are not allowed to engage in false deceptive or misleading advertisements. How does the Board define these types of advertisements?

Back 364

1. Prediction of a cure or guarantee that will result from the performance of the advertised professional services. 2. Illegal transactions 3. Statement of opinion of the services/facilities qualities that is not subject to verification by the public and can create a false impression of the qualities of these services/facilities. 4. Statement/implication that a veterinarian is a specialist unless that veterinarian is board-certified and recognized by the AVMA in such specialty. 5. Claim that intends/likely to create inflated/unjustified expectations 6. Expressed/implied material misrepresentation of fact

Front 365

Rule 573.32 is specialty listings. What does this rule entail?

Back 365

A veterinarian who is specialized in a specific field and is recognized by the AVMA may state this fact in his/her advertising venues such as…1. Reputable veterinary directories 2. Advertising notices mailed to veterinarians/clients/former clients/personal friends/relatives 3. Yellow pages in his/her geographical area where his/her primary practice is located 4. Professional cards 5. Letter head

Front 366

Rule 573.33 is display of degree certificate or title from approved institutions only. What does this rule entail?

Back 366

The institution that grants the degree/certificate/title pertaining to veterinary medicine must be approved by the Texas State Board of Veterinary Medical Examiners in order for this document to be displayed.

Front 367

Rule 573.34 is display of license. Where is the display of a veterinarian's license required to be?

Back 367

At the veterinarian's practice location whether mobile or fixed as well as the most recent renewal certificate. It must be visible to the public.

Front 368

Rule 573.35 is display of license. True/False: A legible photocopy of a veterinarian's license may be used for display in place of the original.

Back 368

True (it is acceptable)

Front 369

Rule 573.36 is corporate and assumed names. True/False: Veterinarians may use a corporate or assumed name for their veterinary practice in order to make their practice more recognizable.

Back 369

FALSE

Front 370

Rule 573.37 is ban on use of solicitors. In what situation may a solicitor be used as an exception for the purposes of the veterinary practice?

Back 370

Using solicitation is reprehensible in the profession. It should NEVER be used.

Front 371

Rule 573.40 is labeling of medications dispensed What must be affixed to the immediate container of a medication dispensed by a veterinarian?

Back 371

1. Veterinarian's name address and telephone number (including area code) 2. Date of delivery or dispensing 3. Patient/client name (address if the drug is controlled) 4. Species of the animal 5. Name strength and quantity of the drug dispensed 6. Directions for use 7. Cautionary statements as required by lay (i.e. not for human consumption poisonous withdrawal periods etc.)

Front 372

Rule 573.40 is labeling of medications dispensed If the container that is holding the medications is too small for the label then what needs to be done?

Back 372

The small container shall be enclosed within another container large enough to be labeled.

Front 373

Rule 573.41 is use of prescription drugs. What must occur before a licensed veterinarian can prescribe or dispense deliver or order delivered any prescription drug?

Back 373

1. Establish a veterinarian-client-patient relationship 2. Determine that the prescription drug is therapeutically indicated for the health and/or well-being of the animal(s).

Front 374

Rule 573.41 is use of prescription drugs. What is considered a prescription drug by the Board?

Back 374

1. All controlled substances in Schedules I through V 2. Legend drugs which bear the federal legends recognized as such by any law of the State of Texas or of the United States.

Front 375

Rule 573.41 is use of prescription drugs. What is considered unprofessional conduct in the dispensing of prescription drugs in veterinary medicine?

Back 375

To prescribe provide obtain order administer possess dispense give or deliver to or for any person prescription drugs that are NOT necessary or required for the medical care of animals or if they promote addiction.

Front 376

Rule 573.42 is use of scheduled drugs in training and/or racing. When is the only time that administration of scheduled drugs for the above reason valid?

Back 376

NEVER. Administration of scheduled drugs solely for training or racing purposes and not for a medically sound reason is a violation of the Veterinary Licensing Act.

Front 377

Rule 573. 43 is misuse of DEA narcotics registration. With which agencies does a veterinarian have to be registered in order to be able to prescribe dispense deliver or order delivered a controlled substance?

Back 377

1. Drug Enforcement Administration (DEA) 2. Texas Department of Public Safety (DPS)

Front 378

Rule 573. 43 is misuse of DEA narcotics registration. Under which circumstances is the DEA requirement waived for an unregistered veterinarian (non-registrant)?

Back 378

1. A registered veterinarian (registrant) supervises or employs the non-registrant. 2. The registrant knows that the non-registrant is dispensing and/or administering controlled substances in the usual course of duties. 3. Registrant has given written permission for the non-registrant to dispense/administer under the registrant's license. 4. Registrant has actual knowledge that the non-resident is currently registered with the Texas Department of Public Safety (DPS) and holds a current DPS controlled substances certificate.

Front 379

Rule 573. 43 is misuse of DEA narcotics registration. True/False: If a veterinarian is not registered with the DEA he/she can still dispense and administer controlled substances.

Back 379

TRUE

Front 380

Rule 573. 43 is misuse of DEA narcotics registration. True/False: If a veterinarian is not registered with the DEA he/she can still pocure purchase or issue a prescription for a controlled substance provided he/she follow the guidelines of Rule 573.43 subsection (b).

Back 380

False. No instance will allow a non-registrant to do this.

Front 381

Rule 573.44 is compounding drugs. Under the portion policy preamble how does the Board recognize the need for compounding in a responsible manner?

Back 381

1. Veterinarians require products to treat hundreds of conditions in more than 100 species with some having unique physiologic characteristics. 2. Only a fraction of the products available have FDA approval. 3. Veterinarians are required to relieve pain and suffering treat diseases/conditions and save animal lives in clinical situations in which there are no FDA-approved drugs to address the problem.

Front 382

Rule 573.44 is compounding drugs. Under the portion policy preamble what does the board base it's guidelines on compounding?

Back 382

FDA's Compliance Policy Guide (CPG) concerning compounding and illegal manufacturing of drugs. CAUTION: Federal/State drug laws can change. Rule 573.44 is adopted to enable veterinarians to compound drugs as long as it is not in conflict with federal/state drug laws/regulations.

Front 383

Rule 573.44 is compounding drugs. What is the definition of a drug?

Back 383

As defined in the Texas Food Drug and Cosmetic Act [Section 431.002(14)] Articles recognized in the official United States Pharmacopoeia National Formulary or any supplement to it articles designed or intended for use in the diagnosis cure mitigation treatment or prevention of disease in man or other animals articles other than food intended to affect the structure of any function of the body of man or other animals and articles intended for use as a component of any article specified in this subdivision. The term does not include devices or their components parts or accessories. A food for which a claim is made in accordance with 403(r) of the federal Act and for which the claim is approved y the secretary is not a drug solely because the label or labeling contains such a claim.

Front 384

Rule 573.44 is compounding drugs. What is the definition of compounding?

Back 384

Any manipulation to produce a dosage form drug (formulation of a drug for administration) except for that manipulation which is provided for in directions for use on the labeling of an approved drug product (e.g. reconstitution of a sterile powder with water for injection).

Front 385

Rule 573.44 is compounding drugs. What is the definition of illegal manufacturing?

Back 385

Any such manipulation that occurs outside the confines of a legitimate practice (e.g. where a veterinarian-client-patient relationship does not exist).

Front 386

Rule 573.44 is compounding drugs. Under the portion of illegal manufacturing or unacceptable compounding prohibited what situations would be considered illegal manufacturing?

Back 386

1. Preparation for sale of large quantities of unapproved new animal drugs on an ongoing basis and where no valid medical need or veterinary-client-patient relationship exists. 2. Promotion and/or distribution of compounded medicaments that are essentially similar to FDA-approved products. 3. Preparation for sale of unapproved new animal drugs which employ fanciful or trade names colorings or other additives or that in any way imply that the compounds have some unique effectiveness or composition. 4. Advertising promotion display resale or other means of marketing prepared unapproved new animal drugs. 5. Offering compounded medicaments to other state licensed veterinarians pharmacists or other commercial entities for resale.

Front 387

Rule 573.44 is compounding drugs. Under the portion of acceptable compounding what are the guidelines set forth by the Board in making the decision to compound?

Back 387

1. Determine whether the health of the animal would be threatened if treatment is withheld. If yes then the practitioner should determine if an appropriate dosage form drug is necessary and whether compounding is needed based on need to increase effectiveness decrease side effects or minimize need for restraint) 2. Consider if there is a market-approved drug dosage form to be used off label as well as a human-labeled drug that can be used in accordance with CPG. Either of these are preferred over compounded products due to concerns with purity potency and stability. 3. All of the previous alternatives need to be ruled out first before compounding.

Front 388

Rule 573.44 is compounding drugs. What are the guidelines set forth by the Board once the decision to compound has been made?

Back 388

1. Compounding can only be performed by the veterinarian or by a pharmacist on the receipt of a valid prescription from a veterinarian. It can only be done with a legitimate veterinary-client-patient relationship. 2. Judgement must be used by the veterinarian to determine if compounding requires a pharmacist as the complexity of the compounding may require assistance. 3. Safety and efficacy of the compounded drug is consistent with current standards of pharmaceutical and pharmacological practices (known problems are avoided and current good practices of preparation by state-licensed pharmacies are met) 4. The veterinarian is responsible for ensuring that no violative tissue residues have occurred. 5. Procedures are instituted to assure that appropriate patient records are maintained. 6. All drugs dispensed must be properly labeled.

Front 389

Rule 573.44 is compounding drugs. How do compounded drugs need to be labeled?

Back 389

1. Name and address of the attending veterinarian 2. Date dispensed and expiration date with expiration not exceeding length of treatment 3. Medically active ingredients 4. Identity of treated animals 5. Directions for use 6. Cautionary statements if needed 7. Withdrawal/withholding times if needed 8. Condition or disease to be treated

Front 390

Rule 573.45 is extra-label or off-label use of drugs. What is the definition of extra-label or off-label use of drugs?

Back 390

Actual or intended use of a drug in an animal that is not in accordance with the approved labeling.

Front 391

Rule 573.45 is extra-label or off-label use of drugs. What is considered extra-label or off-label use of drugs according to the Board (keeping in mind that it is not limited to their guidelines)?

Back 391

1. Use in species not listed in the labeling 2. Use for diseases or other conditions not listed in the labeling 3. Use at dosage levels frequencies or routes of administration other than those stated in the labeling 4. Deviation from the labeled withdrawal time based on these different uses

Front 392

Rule 573.45 is extra-label or off-label use of drugs. Veterinarians must use their discretion in off-label usage of drugs. What are the guidelines set forth by the Board in considering extra-label use of drugs?

Back 392

1. Whether the off-label use of a drug meets the community standard of humane care and treatment set out in Rule 573.22 2. Established safety of off-label usage 3. Inclusion of a drug in a standard veterinary formulary 4. Analyses of off-label usage in the veterinary medical literature and in articles and commentaries written by the veterinarian's peers in the veterinary medical profession 5. Information provided by the drug's manufacturer vendor or the FDA as to whether off-label usage of a drug may present a risk to public health 6. Any other sources of pertinent information

Front 393

Rule 573.45 is extra-label or off-label use of drugs. What should the veterinarian do if the off-label use of a drug is not commonly accepted or used by average veterinarians in the community in which the veterinarian practices or if the off-label usage does not have an established safety record?

Back 393

The veterinarian shall orally or in writing inform the client that the off-label usage is not commonly accepted or used in the veterinary community and that such usage could pose a risk to the health of the animal. If the notification is oral then it should be noted in the patient's record.