Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012 Page: 6,885
6819-7008 p. ; 28 cm.View a full description of this periodical.
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(6) removing supragingival calculus;
(7) extracting loose, mobile, or diseased teeth or dental
fragments with minimal periodontal attachments by hand and without
the use of an elevator; and
(8) removing erupted, non-displaced wolf teeth.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on August 20, 2012.
TRD-201204375
Loris Jones
Executive Assistant
Texas Board of Veterinary Medical Examiners
Earliest possible date of adoption: September 30, 2012
For further information, please call: (512) 305-7563
SUBCHAPTER E. PRESCRIBING AND/OR
DISPENSING MEDICATION
22 TAC 573.43
The Texas Board of Veterinary Medical Examiners (Board) pro-
poses an amendment to 573.43, concerning Controlled Sub-
stances Registration.
The Board has recently encountered situations in which veteri-
narians were exempt from the requirement to obtain a controlled
substance registration under either Texas Department of Public
Safety (DPS) or United States Drug Enforcement Agency (DEA)
rules and laws, but were concerned that they still had to obtain a
controlled substance registration nevertheless in order to com-
ply with 573.43. The Board does not intend its controlled sub-
stances registration requirements to be more stringent than that
of DEA or DPS. The Board therefore proposes an amendment
to 573.43 to clarify that a veterinarian does not need to have a
controlled substances registration from either DPS or DEA if that
registration is not required by other state or federal law.
The Board also proposes an amendment to 573.43 to correct
an error in subsection (b), adding the word "substances" where
it was inadvertently not included, so that the phrase now reads
"to dispense controlled substances." This is not intended to alter
the meaning of the rule.
Nicole Oria, Executive Director, has determined that for each
year of the first five years that the proposed rule is in effect, there
will no fiscal implications for either state or local government as
a result of the proposed rule. Moreover, Ms. Oria has deter-
mined that there will be no local employment impact as a result
of adoption of the proposed rule.
Ms. Oria has also determined that for each year of the first five
years the rule is in effect, the anticipated public benefit is that
the Board's requirements for veterinarians to maintain controlled
substances registration with the DEA and DPS will be clarified
and will not conflict with other state or federal law. Ms. Oria
has determined that there will be no economic cost to individu-
als required to comply with the rule. Ms. Oria has determined
that there will be no measurable effect on small businesses and
micro businesses. There is no anticipated difference in cost of
compliance between small and large businesses.The Board invites comments on the proposed amendment to the
rule from any member of the public. A written statement should
be mailed or delivered to Loris Jones, Texas Board of Veterinary
Medical Examiners, 333 Guadalupe, Ste. 3-810, Austin, Texas
78701-3942; by facsimile (FAX) to (512) 305-7574; or by e-mail
to vet.board@tbvme.state.tx.us. Comments will be accepted for
30 days following publication in the Texas Register
The amendment is proposed under the authority of the Vet-
erinary Licensing Act, Texas Occupations Code, 801.151(a),
which states that the Board may adopt rules necessary to ad-
minister the chapter; 801.151(b), which states that the Board
may adopt rules of professional conduct appropriate to establish
and maintain a high standard of integrity, skills and practice in
the veterinary medical profession; and 801.151(c)(1), which
states that the Board shall adopt rules to protect the public.
Texas Occupations Code, Chapter 801, is affected by this pro-
posal.
573.43. Controlled Substances Registration.
(a) Subject to subsection (b) of this section, a licensed veteri-
narian may not prescribe, administer, dispense, deliver, or order de-
livered, any controlled substance unless the licensed veterinarian is
currently registered with the federal Drug Enforcement Administration
(DEA) and the Texas Department of Public Safety (DPS) to dispense
controlled substances if such registration is required by other state or
federal law.
(b) The requirement for DEA registration is waived for a li-
censed veterinarian who is not registered with the DEA to dispense
controlled substances if:
(1) a licensed veterinarian who is registered with the DEA
to dispense controlled substances (registrant) supervises or employs the
veterinarian who is not registered with the DEA to dispense controlled
substances (non-registrant);
(2) the registrant has knowledge that the non-registrant
is dispensing and/or administering controlled substances in the usual
course of the non-registrant's duties;
(3) the registrant has given written permission for the non-
registrant to dispense/administer under the registrant's license; and
(4) the registrant has actual knowledge that the non-regis-
trant is currently registered with the DPS and holds a current DPS con-
trolled substances certificate.
(c) A licensed veterinarian who is not registered with the DEA
but is registered with the DPS to dispense controlled substances and
holds a current DPS controlled substances certificate may dispense and
administer controlled substances, but may not procure, purchase or is-
sue a prescription for a controlled substance.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on August 20, 2012.
TRD-201204376
Loris Jones
Executive Assistant
Texas Board of Veterinary Medical Examiners
Earliest possible date of adoption: September 30, 2012
For further information, please call: (512) 305-7563
4 4 4PROPOSED RULES August 31, 2012 37 TexReg 6885
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Texas. Secretary of State. Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012, periodical, August 31, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth253227/m1/67/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.