PART 24. TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS
CHAPTER 571. LICENSING
SUBCHAPTER A. GENERAL
The Texas Department of Licensing and Regulation (Department), on behalf of the Texas Board of Veterinary Medical Examiners (TBVME), proposes an amendment to the existing rules at 22 Texas Administrative Code (TAC), Chapter 571, Subchapter A, §571.7, regarding the Licensing duties. The proposed change is referred to as the "proposed rule."
EXPLANATION OF AND JUSTIFICATION FOR THE RULES
The rules under 22 TAC, Chapter 571, implement Texas Occupations Code, Chapter 801, Veterinary Licensing Act.
The proposed rule extends the time period in which an applicant for a veterinary license who has not yet graduated from veterinary medical school may obtain a document confirming their expected graduation date in order to apply for the State Board Examination (SBE) from 60 days to 120 days. This proposed rule change was suggested by a major stakeholder, Texas Tech University School of Veterinary Medicine (Texas Tech), to align with their schedule for students in their final year of school. Texas Tech fourth-year students spend most of their year at externships throughout the state but return to the campus in February of the year they graduate. Texas Tech, in an attempt to limit costs to their students, wants to proctor a SBE for their graduating students in February while the students are all on campus. By allowing the students to obtain a document confirming their expected graduation date 120 days prior to graduation, this allows Texas Tech students to take the SBE on campus in February prior to their graduation. This change will also benefit all graduating veterinary students, both in-state and out-of-state, in that it allows them to take the SBE sooner.
Advisory Board Recommendations
The Texas Board of Veterinary Medical Examiners (TBVME) proposed the rule at its meeting on July 16, 2024, and recommended that the proposed rule be published in the Texas Register for public comment.
SECTION-BY-SECTION SUMMARY
The proposed rule amends §571.7(f)(1) to extend the time period in which an applicant for a veterinary license who has not yet graduated from veterinary medical school may obtain a document confirming their expected graduation date in order to apply for the State Board Examination (SBE) from 60 days to 120 days.
FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT
Tony Couvillon, Policy Research and Budget Analyst, has determined that for each year of the first five years the proposed rule is in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rule. The activities required to implement the proposed rule change, if any, are program administration tasks that are routine in nature, such as modifying or revising publications and/or website information. The proposed rule will not require an increase in personnel or resources and therefore will not result in an increase in costs to the State.
Mr. Couvillon has determined that for each year of the first five years the proposed rule is in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed rule. The proposed rule does not create a revenue loss, as it does not eliminate or decrease any fees assessed by the program.
Mr. Couvillon has determined that for each year of the first five years the proposed rule is in effect, enforcing or administering the proposed rule does not have foreseeable implications relating to costs or revenues of state governments.
Mr. Couvillon has also determined that for each year of the first five years the proposed rule is in effect, enforcing or administering the proposed rule does not have foreseeable implications relating to costs or revenues of local governments. The proposed rule has no impact on local government costs because local governments are not responsible for the regulation of veterinarians under Texas Occupations Code 801 or the administrative rules.
LOCAL EMPLOYMENT IMPACT STATEMENT
Because Mr. Couvillon has determined that the proposed rule will not affect a local economy, the agency is not required to prepare a local employment impact statement under Texas Government Code §2001.022. The change made by the proposed rule is not anticipated to increase or decrease the number of persons who are licensed or who choose to become licensed as veterinarians, nor is it anticipated to affect the need for veterinarians. Therefore, the proposed rule will have no effect on local employment.
PUBLIC BENEFITS
Mr. Couvillon has determined that for each year of the first five-year period the proposed rule is in effect, the public benefit will be an increase in the lead time in which an applicant for a veterinary license may request documentation that will allow the applicant to begin the process of meeting the conditions to apply for the SBE prior to graduation. This increase in time will allow students more time and flexibility in organizing the necessary scheduling prior to graduation.
PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL
Mr. Couvillon has determined that for each year of the first five-year period the proposed rule is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rule. The proposed rule imposes no costs for any veterinary student, licensee, business, or member of the public. The change merely allows an applicant for the SBE to begin the process of obtaining the necessary documentation 120 days prior to graduation rather than the current 60 days.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES
There will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rule. The proposed rule will have no adverse economic effect on any small or micro-businesses because the proposed rule will impart no additional costs on any business. The proposed rule will have no anticipated adverse economic effect on rural communities, because the proposed rule will not decrease the availability of veterinary services in rural communities, nor will the rule increase the cost of veterinary services in rural communities. Because the agency has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, is not required.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT
The proposed rule does not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Texas Government Code §2001.0045.
GOVERNMENT GROWTH IMPACT STATEMENT
Pursuant to Texas Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rule. For each year of the first five years the proposed rule will be in effect, the agency has determined the following:
1. The proposed rule does not create or eliminate a government program.
2. Implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions.
3. Implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the agency.
4. The proposed rule does not require an increase or decrease in fees paid to the agency.
5. The proposed rule does not create a new regulation.
6. The proposed rule does not expand, limit, or repeal an existing regulation.
7. The proposed rule does not increase or decrease the number of individuals subject to the rules' applicability.
8. The proposed rule does not positively or adversely affect this state's economy.
TAKINGS IMPACT ASSESSMENT
The Department has determined that no private real property interests are affected by the proposed rules and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.
PUBLIC COMMENTS
Comments on the proposed rules may be submitted by email to TBVME.Comments@tdlr.texas.gov; by facsimile to (512) 475-3032; or by mail to Monica Nuñez, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711. The deadline for comments is 30 days after publication in the Texas Register.
STATUTORY AUTHORITY
The proposed rules are proposed under the authority of Texas Occupations Code, Chapters 51 and 801, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapters 51 and 801. No other statutes, articles, or codes are affected by the proposed rules.
§571.7.Veterinary Licensing Eligibility.
(a) - (e) (No change.)
(f) Eligibility Prior to Graduation. An applicant for a veterinary license who has not graduated from veterinary medical school may apply for the SBE provided the following conditions have been met:
(1) An applicant must be enrolled in an approved and
accredited veterinary medical school or college as defined in §571.1(10)
of this title and must obtain a document from the dean of the school
or college from which the applicant expects to graduate certifying
that the applicant is within 120 [60] days of
completion of a veterinary college program and is expected to graduate.
(2) - (3) (No change.)
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on November 1, 2024.
TRD-202405234
Doug Jennings
General Counsel
Texas Board of Veterinary Medical Examiners
Earliest possible date of adoption: December 15, 2024
For further information, please call: (512) 475-4879