Texas board – Flashcards
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____ "Veterinarian" means any person who is licensed to practice veterinary medicine by the Texas Board of Veterinary Medical Examiners.
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True. § 801.002(6) - "'Veterinarian' means a person licensed by the board under this chapter to practice veterinary medicine."
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Direct supervision" means supervision by a responsible veterinarian who is within arms length of the person being supervised.
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False. § 801.002(3) - "'Direct supervision' means supervision of a person by a responsible veterinarian who is physically present on the premises.
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An applicant must provide fingerprint cards before a criminal history evaluation letter can be issued.
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False. TAC § 571.3(d) - "The agency may require additional documentation including fingerprint cards before issuing a criminal history evaluation letter."
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One member of the State Board of Veterinary Medical Examiners must be a faculty member of a college of veterinary medicine.
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False. 801.051(b) - "The board may include not more than one veterinarian member who is a faculty member of a college of veterinary medicine.
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General supervision" means supervision by a responsible veterinarian who is physically present in the same room with the individual being supervised.
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False. § 801.002(4) - "'General supervision' means supervision of a person by a responsible veterinarian who is readily available to communicate with the person."
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A veterinarian-client-patient relationship exists only if a veterinarian receives a fee for his/her services.
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False. § 801.351 - "A veterinarian-client-patient relationship exists if the veterinarian: (1) assumes responsibility for medical judgments regarding the health of an animal and a client, who is the owner or other caretaker of the animal, agrees to follow the veterinarian's instructions; (2) possesses sufficient knowledge of the animal to initiate at least a general or preliminary diagnosis of the animal's medical condition; and (3) is readily available to provide, or has provided, follow-up medical care in the event of an adverse reaction to, or a failure of, the regimen of therapy provided by the veterinarian."
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A professional corporation consisting entirely of veterinarians may not practice veterinary medicine unless it is licensed by the State Board of Veterinary Medical Examiners to do so.
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False. § 801.506(a) - "A sole proprietorship, partnership or corporation may not engage in veterinary medicine unless the owner, each partner, or each shareholder, as appropriate, holds a license to practice veterinary medicine under this chapter."
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Equine dentristy" includes the treatment of damaged or diseased teeth, but does not include treatments above the gum line.
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False. § 801.002(3-a) - "'Equine dentistry' means any diagnosis, treatment, or surgical procedure performed on the head or oral cavity of an equine animal. The term includes: . . . . (B) the treatment or extraction of damaged or diseased teeth; [and] . . . . (D) periodontal treatments, including: (i) the removal of calculus, soft deposits, plaque and stains above the gum line; and (2) the smoothing, filing, and polishing of tooth surfaces."
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An owner may castrate his or her own cattle only if it is done under the direct supervision of a licensed veterinarian.
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False. § 801.004(1) - "This chapter does not apply to the treatment or care of an animal in any manner by the owner of the animal, an employee of the owner, or a designated caretaker of the animal, unless the ownership, employment, or designation is established with the intent to violate this chapter." § 801.004(2)(A) - "This chapter does not apply to . . . a person who performs an act prescribed by the board as an accepted livestock management practice, including . . . castrating a male animal raised for human consumption."
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Individuals who are full-time students of an accredited college of veterinary medicine may perform acts normally considered the practice of veterinary medicine if such acts are carried out under the direct supervision of a veterinarian.
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True. § 801.004(5) - "This chapter does not apply to ... the performance of an act by a person who is a full-time student of an accredited college of veterinary medicine if the act is performed under the direct supervision of a veterinarian."
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An unlicensed person may provide an animal veterinary care, but only if it is in an emergency situation or disaster and it is done without the expectation of compensation.
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True. § 801.004(8) - "This chapter does not apply to a person who, without expectation of compensation, provides emergency care in an emergency or disaster."
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A licensed veterinary technician who is immediately supervising a task performed by a certified veterinary assistant or a veterinary assistant is responsible for conduct that violates laws, including board rules, related to the practice of veterinary medicine.
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True. § 801.364(b) - "A licensed veterinary technician who is immediately supervising a task performed by a certified veterinary assistant or a veterinary assistant is responsible for conduct that violates laws, including board rules, related to the practice of veterinary medicine."
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A person who practices veterinary medicine without a license may be found guilty of a state jail felony.
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False. § 801.504 "(a) A person, including an entity, commits an offense if the person violates this chapter. (b) An offense under this section is a Class A misdemeanor."
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A supervising veterinarian may delegate greater responsibility and provide less supervision to a certified veterinary assistant than to a licensed veterinary technician.
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False. § 801.363(c) "According to the judgment of the supervising veterinarian, a veterinarian may delegate greater responsibility to a licensed veterinary technician than to a certified veterinary assistant or a veterinary assistant. A veterinarian may provide greater supervision for a task performed by a certified veterinary assistant or a veterinary assistant than for the same task performed by a licensed veterinary technician."
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A veterinary assistant must be certified or licensed.
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False. § 801.002(6-a) "'Veterinary assistant' means a person who: (A) is employed by a licensed veterinarian; (B) performs tasks related to animal care; (C) is not a certified veterinary assistant or a licensed veterinary technician."
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Appointments to the State Board of Veterinary Medical Examiners are initiated by the governor on the recommendation of the President of the Texas Veterinary Medical Association.
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False. § 801.051(a) "The State Board of Veterinary Medical Examiners consists of nine members appointed by the governor with the advice and consent of the senate as follows: (1) six veterinarian members; and (2) three members who represent the public."
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An applicant who receives a criminal history evaluation letter indicating that the applicant is ineligible for licensure cannot apply for a veterinary license.
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False. TAC § 571.3(h) "An individual shall be permitted to apply for licensure, regardless of the agency's determination in a criminal history evaluation letter."
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The validity of an action of the board is not affected by the fact that it was taken when a ground for removal of a board member exists.
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True. § 801.056(b) "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."
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If the executive director has knowledge that a potential ground for removal of a board member exists, the executive director shall notify the governor that a potential ground for removal exists.
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False. § 801.056(c) "If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the board of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists."
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An advisory committee provides independent expertise on TBVME functions and sets board policy.
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False. § 801.163(b) "An advisory committee shall provide independent expertise on board functions and policies, but may not be involved in setting board policy."
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The examination score on the State Board Examination or Equine Dental Provider Examination is valid for one year after the date the examination was taken.
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True. TAC § 571.1(8) "Passing score - an examination score of at least 75 percent on the national examination and NAVLE which is based on a locally derived scaled score, and an examination score of at least 85 percent on either the SBE or EDPE. The examination score on the SBE or EDPE is valid for one year past the date of the examination."
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Without exception, the records of the board are public and available for public inspection during normal business hours.
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False. § 801.207 "(a) Except as provided by Subsection (b), a board record is a public record and is available for public inspection during normal business hours. (b) An investigation record of the board, including a record relating to a complaint that is found to be groundless, is confidential."
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A veterinarian must report the loss, theft or deliberate or accidental misuse of an official certificate, form, record or report to the TBVME within 30 days of the discovery of the loss, theft, or deliberate or accidental misuse.
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False. TAC § 573.25 "A licensee shall immediately report to the TBVME the loss, theft or deliberate or accidental misuse of any . . . [official] certificate, form, record or report."
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A private citizen may appear before the board and speak on any issue under the jurisdiction of the board.
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True. § 801.202(a) "The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the board's jurisdiction."
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A licensed veterinarian is subject to discipline if he or she is convicted of animal cruelty.
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True. § 801.402(18) "A person is subject to denial of a license or to a disciplinary action under § 801.401 if the person: . . . . (18) is convicted of § 42.09, 42.091, or 42.092, Penal Code." § 42.09 Cruelty to Livestock Animals § 42.091 Attack on Assistance Animal § 42.092 Cruelty to Nonlivestock Animals
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A veterinarian-client-patient relationship may not be established solely by telephone or electronic means.
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True. § 801.351(c) "A veterinarian-client-patient relationship may not be established solely by telephone or electronic means."
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Veterinarians or equine dental providers who have not renewed their licenses on or before the expiration date of the license have a 30-day grace period to renew and may continue to practice during that time.
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False. § 801.303(a) "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 the expiration date of the license. A person whose license has expired may not engage in activities that require a license until the license has been renewed."
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A veterinarian or licensed equine dental provider shall notify the board of a change of business address or a change of employer, not later than the 60th day after the date on which the change takes effect.
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True. § 801.156(b) "A license holder shall notify the board of a change of business address or employer not later than the 60th day after the date the change takes effect."
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The board shall provide reasonable assistance to a person who wishes to file a complaint with the board.
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True. § 801.159(b) "The board shall provide reasonable assistance to a person who wishes to file a complaint with the board."
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The investigation records of the board, including records relating to complaints found to be groundless, are confidential.
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True. 801.207(b) "An investigation record of the board, including a record relating to a complaint that is found to be groundless, is confidential."
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A provisional license to practice veterinary medicine is valid until the board approves or denies the provisional licensee's application for a license.
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True. § 801.257(c) "A provisional license is valid until the date the board approves or denies the provisional license holder's application for a license. . . ."
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A veterinarian who is subject to disciplinary action based on a finding that the veterinarian is impaired by chemical dependency or mental illness may be ordered by the board to submit to care, counseling or treatment through the peer assistance program.
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True. § 801.157(b) "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 chemical dependency or mental illness to submit to care, counseling, or treatment through the peer assistance program."
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A person is eligible for licensure as an equine dental provider if the applicant shows satisfactory proof to the board that he or she has passed the State Board Examination and is certified by the International Association of Equine Dentists or other Board-approved entity.
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False. § 571.7 "To be eligible for licensure as an equine dental provider, an applicant must present satisfactory proof to the Board that the applicant: (1) has obtained at least a passing score of 85 on the EDPE; and (2) is certified by the International Association of Equine Dentists or other Board-approved entity."
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For purposes of establishing a veterinarian-client-patient relationship, a veterinarian can obtain sufficient knowledge of an animal by making medically appropriate and timely visits to the premises on which the animal is kept, but only if the animal is a member of a herd.
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True. § 573.20(b) Responsibility for Acceptance of Medical Care. "(b) For purposes of establishing a veterinarian-client-patient relationship . . . , a veterinarian can obtain sufficient knowledge of an animal by making medically appropriate and timely visits to the premises on which the animal is kept only if the animal is a member of the herd."
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An executive committee of the board may temporarily suspend the license of a license holder if the committee determines that continued practice by the license holder constitutes a continuing or imminent threat to the public welfare.
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True. § 801.409(a) "An executive committee of the board consisting of the president and two other board members 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 public welfare. A temporary suspension may also be ordered on a majority vote by the board.
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A veterinarian who has voluntarily surrendered his or her license in lieu of disciplinary action or who has had his or her license revoked must notify his or her clients within 60 days of the effective date of the surrender or revocation by placing a written notice in his or her veterinarian office or by placing a notice in the local newspaper.
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False. TAC § 573.55(b) "(1) When a veterinarian discontinues the provision of veterinary services without the continuation of their practice, he or she shall provide notice to clients of when the veterinarian intends to terminate the practice or relocate, and will no longer be available to clients, and offer clients the opportunity to obtain a copy of their patient records. (2) Notification shall be accomplished by: (A) placing written notice in the veterinarian's office; and (B) sending written notification to clients seen in the last three years notifying them of discontinuance of practice, or placing a notice in the local newspaper." TAC § 573.55(c)(1) - "Veterinarians who have voluntarily surrendered their licenses in lieu of disciplinary action or have had their licenses revoked by the Board must notify their clients, consistent with subsection (b) of this section, within 30 days of the effective date of the voluntary surrender or revocation."
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A herd is a group of animals of the same species managed as a group and confined to a specific geographic location, and can include dogs and cats located in a shelter.
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False. TAC § 573.80(14) "Herd" is defined as "a group of animals of the same species, managed as a group and confined to a specific geographic location. A herd may not include dogs, cats, any animal in individual training, or any animal that competes as an individual."
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Sterilized dogs and cats released for adoption from a releasing agency must be identified by microchips or tattoos or both.
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True. TAC 573.77 "(b) A new owner of an animal released from a releasing agency must have the animal sterilized in accordance with Chapter 828, Health & Safety Code. (c) An animal sterilized under this section must be identified by a microchip and/or a tattoo indicating that it has been sterilized."
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If requested in writing by a person who fails the licensing examination administered under this Act, the board shall furnish the person with an analysis of the person's performance on the examination.
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True. § 801.255(c) "If requested in writing by a person who fails an examination, the board shall provide to the person an analysis of the person's performance on the examination."
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Without exception, the board is obliged to notify each examinee of the results of a licensing examination not later than the 30th day after the date on which the licensing examination is administered.
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False. § 801.255(a) "The board shall notify each examinee of the results of the examination not later than the 30th day after the date the licensing examination is administered. If an 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 14th day after the date the board receives the results from the testing service."
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If a person's license has been expired for 90 days or less, the person may renew the license by paying to the board a renewal fee equal to 1.5 times the renewal fee set by the board under § 801.154(a) and the additional fee required by § 801.154(b).
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True. § 801.303(b) "A person whose license has been expired for 90 days or less may renew the license by paying to the board a renewal fee that is equal to the sum of 1-1/2 times the renewal fee set by the board under § 801.154(a) and the additional fee required by § 801.154(b), [if applicable]."
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A relief veterinarian is not required to post or display his or her license to practice veterinary medicine, but must post or display his or her most recent license renewal certificate.
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False. TAC § 573.35 "Each licensee, including a relief veterinarian, shall post or display at the licensee's practice location, whether mobile or fixed, his or her Board license and the most recent license renewal certificate. These documents must be displayed where they are visible to the public. A legible photocopy of the original documents is acceptable."
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The board may refuse to examine an applicant who is chronically or habitually intoxicated, chemically dependent, or addicted to drugs.
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True. § 801.401(a)(1) "If an applicant or license holder is subject to denial of a license or to disciplinary action under § 801.402, the board may refuse to examine an applicant or to issue or renew a license . . . ." § 801.402(3) "A person is subject to denial of a license or to disciplinary action under § 801.401 if the person . . . is chronically or habitually intoxicated, chemically dependent, or addicted to drugs."
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A person is subject to denial of a license or to disciplinary action under § 801.401 if he/she fraudulently issues a health certificate, vaccination certificate, test chart, or other form used in the practice of veterinary medicine that relates to the presence or absence of animal disease.
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True. § 801.402(8) "A person is subject to denial of a license or to disciplinary action under § 801.401 if the person . . . fraudulently issues a health certificate, vaccination certificate, test chart, or other form used in the practice of veterinary medicine or the practice of equine dentistry that relates to the presence or absence of animal disease."
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A veterinarian is subject to disciplinary action if he/she has ordered prescription drugs or controlled substances for the treatment of an animal without first establishing a valid veterinarian-patient-client relationship.
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True. § 801.402(13) "A person is subject to denial of a license or to disciplinary action under § 801.401 if the person . . . orders a prescription drug or controlled substance for the treatment of an animal without first establishing a veterinarian-client-patient relationship."
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The board may suspend or revoke a veterinarian's license, place a veterinarian on probation, or reprimand a veterinarian who knowingly fails to report a disease to the Texas Animal Health Commission as required by the Agriculture Code.
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True. § 801.403 "The board may suspend or revoke a license to practice veterinary medicine, place a veterinarian on probation, or reprimand a veterinarian if the veterinarian knowingly fails to report a disease to the Texas Animal Health Commission as required by § 161.101, Agriculture Code."
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Among other things, a provisional licensee must be licensed in good standing as a veterinarian in another state that has licensing requirements substantially equivalent to Texas licensing requirements.
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True. § 801.257 "The board may grant a provisional license to practice veterinary medicine to an applicant who presents proof that the applicant: (1) is licensed in good standing as a veterinarian in another state that: (A) has licensing requirements substantially equivalent to the requirements of this chapter; and (B) maintains professional standards the board considers equivalent to the professional standards of this chapter; and (2) has passed a national or other examination recognized by the board relating to veterinary medicine."
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In a proceeding to collect fees due for the provision of veterinary services, a client or owner of an animal treated by a veterinarian must provide written authorization that he or she waives the veterinarian-client privilege before a veterinarian may violate the confidential relationship that exists between them.
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False. § 573.28(b)(3) "Except as provided in subsection (c) of this section, a veterinarian shall not disclose any information concerning the veterinarian's care for an animal except . . . as necessary to substantiate and collect on a debt incurred by a client for veterinary services."
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The Deceptive Trade Practices-Consumer Protection Act does not apply to a veterinarian licensed under the Veterinary Licensing Act with respect to claims for damages for veterinary malpractice or negligence.
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True. § 801.507 "NONAPPLICABILITY OF DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT. Subchapter E, Chapter 17, Business & Commerce Code, does not apply to a claim against a veterinarian for damages alleged to have resulted from veterinary malpractice or negligence."
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A licensed veterinarian may decline to disclose any information about a particular case and/or client in response to an investigation being conducted by the board if to do so would violate the confidential relationship between the veterinarian and his client.
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False. § 801.353(a) "A veterinarian may not violate the confidential relationship between the veterinarian and the veterinarian's client." § 801.353(e) "This section does not apply to an inspection or investigation conducted by the board or an agent of the board."
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Medical waste" includes animal waste, blood, gloves, sleeves, newspapers, plastic bags, and sharps.
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False. § 801.361(a) - "In this section, 'medical waste' includes animal waste, blood, gloves, sleeves, newspapers, and plastic bags, but does not include sharps."
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Licensed equine dental providers must maintain their equipment and business premises in a sanitary condition.
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True. § 801.402(15) - "A person is subject to denial of a license or to disciplinary action under § 801.401 if the person . . . fails to keep the person's equipment and business premises in a sanitary condition." TAC § 573.79 - "Licensees must maintain their offices/clinics/hospitals in a clean and sanitary condition without any accumulation of trash, debris, or filth. . . ."
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A veterinarian (without charging a fee) may dispense prescription medication for personal use by a human if the patient's regular physician is out of town and the patient needs the medication.
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False. TAC § 573.60 - "A veterinarian shall not provide care and treatment of humans including dispensing prescription medication for personal use by a human. A licensee may render first aid or emergency care to a human if such action is without expectation of compensation in response to an emergency or disaster situation."
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The practice of a veterinarian who leases space from and practices veterinary medicine on the premises of a mercantile establishment must be owned by a licensed veterinarian.
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True. § 801.355(a) - "The practice of a veterinarian who leases space from a mercantile establishment and practices veterinary medicine on the premises of the mercantile establishment must be owned by a veterinarian. The practice and the leased space must be under the exclusive control of a veterinarian."
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In the event of the death of a licensed veterinarian operating as a sole proprietorship, the practice ownership and patient records immediately become the property of the Board of Veterinary Medical Examiners until arrangements can be made to sell the practice at which time the proceeds of the sale become the property of the veterinarian's heirs.
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False. § 801.360 - "On the death of a veterinarian, the veterinarian's practice ownership and patient records become the property of the veterinarian's heirs to dispose of as necessary not later than the second anniversary of the date of the veterinarian's death."
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Unless otherwise provided by contract between a veterinarian and his client, a veterinarian may dispose of any animal abandoned in his care if he gives notice of his intention to do so by certified mail sent to the last known address of the client. The veterinarian must allow the client 30 days from the mailing of the certified mail in which to retrieve the animal.
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False. § 801.357(a) - "A veterinarian may dispose of an animal that is abandoned in the veterinarian's care if the veterinarian: (1) gives the client, by certified mail to the client's last known address, notice of the veterinarian's intention to dispose of the animal; and (2) allows the client to retrieve the animal during the 10 days after the date the veterinarian mails the notice."
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A veterinarian who, on his own initiative or at the request of a person other than the owner, renders emergency treatment to an ill or injured animal is not liable to the owner for damages to the animal even in cases of gross negligence.
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False. § 801.358(a) - "A veterinarian who provides emergency 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 veterinarian commits gross negligence."
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Any amendment in a patient record that is not made contemporaneously with the act or observation shall be noted by indicating the time and date of the amendment, include a clear indication of the amendment, and be stored at the veterinarian's place of business.
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True. TAC § 573.52(a)(15) - "Individual records shall be maintained at the veterinarian's place of business, shall be complete, contemporaneous and legible and shall include, but are not limited to: . . . any amendment, supplementation, change, or correction in a patient record not made contemporaneously with the act or observation noted by indicating the time and date of the amendment, supplementation, change or correction, and clearly indicating that there has been an amendment, supplementation, change or correction."
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The board may suspend or revoke a license to practice veterinary medicine issued under the Veterinary Licensing Act or place on probation a veterinarian if the veterinarian fails to maintain records as required by § 801.359 (Controlled Substances Records).
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True. § 801.404 - "The board may suspend or revoke a license to practice veterinary medicine issued under this chapter or place on probation a veterinarian if the veterinarian fails to maintain records as required by § 801.359."
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A veterinarian may not refuse a client request for copies of an animal's medical records because payment in full for veterinary care has not been received from the client.
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True. TAC § 573.54(a) - "Upon the request of the client or their authorized representative, the veterinarian shall furnish a copy of the patient records, including a copy of any radiographs requested, within 15 business days of the request, unless a longer period is reasonably required to duplicate the records. TAC § 573.54(d) - "Patient records requested pursuant to a proper request for release may not be withheld from the client, the client's authorized agent, or the client's designated recipient for such records based on a past due account for care or treatment previously rendered to the patient."
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Licensed equine dental providers, upon request, must give copies of records to the owner or caretaker authorizing treatment within 15 days of the request.
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True. § 573.53(b)(2) - "Patient records are the responsibility and property of the equine dental provider, provided however, that equine dental providers shall give copies of records to the owner or caretaker authorizing treatment of the patient at the time of treatment, and shall provide copies of records to the supervising veterinarian on request, within 15 business days of the request."
question
In a pre-purchase examination of a horse, it is generally permissible for a veterinarian to represent both the buyer and seller of the animal as long as both contribute to the veterinarian's fee.
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False. TAC § 573.1 - "A veterinarian shall not represent conflicting interests, except by express consent of all concerned given after a full disclosure of the facts. A veterinarian represents conflicting interests if, when employed by a buyer to inspect an animal for soundness, the veterinarian accepts a fee from the seller. Acceptance of a fee from both the buyer and seller is prima facie evidence of fraud."
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It is the right of any veterinarian, without fear or favor, to give proper advice to those seeking relief against unfaithful or neglectful veterinary services, generally after communication with the veterinarian of whom the complaint is made.
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False. TAC § 573.2 - "It is the right of any licensee, without fear or favor, to give proper advice to those seeking relief against substandard or neglectful veterinary or equine dentristry services, to make a complaint to the Board, or to act as a witness in a Board investigation or a contested case hearing."
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Veterinarians licensed in a jurisdiction outside of Texas may consult and render advice about an animal located in Texas as long as the consultation is in person.
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False. TAC § 573.9 "Veterinarians licensed in other states may enter the State of Texas, whether in person, by mail, or by electronic means, for purposes of consultation. . . ." § 801.004(9) "This chapter does not apply to . . . a consultation given to a veterinarian in this state by a person who: (A) resides in another state; and (B) is lawfully qualified to practice veterinary medicine under the laws of that state."
question
The loose, deciduous teeth of a horse may be removed either by a licensed equine dental provider or a non-veterinarian employee as long as the extraction is under the direct supervision of a veterinarian.
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False. TAC § 573.19(d) "The following treatments may be performed . . . by a licensed equine dental provider under general supervision by a veterinarian, and by a non-veterinarian employee under direct supervision by the veterinarian: . . . (5) extracting loose, deciduous teeth."
question
A veterinarian shall consider both the level of training and experience of the non-veterinarian when determining the level of supervision and duties of non-veterinarians.
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True. TAC § 573.10(b) "A veterinarian shall consider both the level of training and experience of the non-veterinarian when determining the level of supervision and duties of non-veterinarians."
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A veterinarian having knowledge of an animal bite to a human must immediately report the incident to a local health authority, unless the veterinarian has knowledge, derived from the veterinarian's records, that the animal is up-to-date on its rabies vaccination.
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False. TAC § 573.51(c) "A veterinarian having knowledge of an animal bite to a human shall immediately report the incident to the local health authority."
question
The Equine Dental Provider Advisory Committee is responsible for adopting rules for licensed equine dental providers.
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False. § 801.551 "The advisory committee does not have any independent rulemaking authority but shall advise and assist the board in adopting rules relating to licensed equine dental providers."
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A registered veterinary technician [RVT] may suture existing surgical skin incisions and induce anesthesia under the direct or immediate supervision of a veterinarian.
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True. TAC § 573.10(h)(2) "When feasible, a veterinarian should delegate greater responsibility to a registered veterinary technician (RVT) . . . than to an unlicensed person that is not an RVT. (1) Under the direct or immediate supervision of a veterinarian, an RVT may: (A) suture to close existing surgical skin incisions and skin lacerations; and (B) induce anesthesia."
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Euthanasia may be performed by a non-veterinarian only under the immediate supervision of a licensed veterinarian.
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False. § 801.004(6) "This chapter does not apply to . . . an animal shelter employee who performs euthanasia in the course and scope of the person's employment if the person has successfully completed training in accordance with Chapter 829, Health and Safety Code."
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It is permissible for a non-veterinarian, in the absence of direct supervision, to follow the oral or written treatment orders of a veterinarian in the care of hospitalized animals; provided however, that the veterinarian has examined the animal(s) and that a valid veterinarian-client-patient relationship exists.
answer
True. TAC § 573.10(j) "A non-veterinarian may, in the absence of direct supervision, follow the oral or written treatment orders of a veterinarian who is caring for a hospitalized animal, so long as the veterinarian has examined the animal(s) and a valid veterinarian-client-patient relationship exists."
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A veterinarian is responsible for acts of a non-veterinarian employee within the scope of his or her employment.
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True. TAC § 573.11 "A veterinarian shall be responsible for any acts a non-veterinarian employee commits within the scope of the employee's employment."
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A veterinary license maintained on inactive status will be automatically cancelled after ten years.
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False. TAC § 573.61(e) "A veterinary license maintained on inactive status will be automatically cancelled at the end of nine consecutive years."
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Only licensed veterinarians may use acupuncture in the care and medical treatment of animals.
answer
True. TAC § 573.16(b) "Only licensed veterinarians may use acupuncture in the care and medical treatment of animals. No veterinarian may allow a non-veterinarian employee or other agent to perform acupuncture in the treatment of an animal patient."
question
A veterinarian granted a temporary emergency license during a declared state of disaster is subject only to the laws and regulations of the state which issued the veterinarian's regular license.
answer
False. TAC § 571.13(b) "A veterinarian granted a temporary emergency license under this section shall abide by the Texas Veterinary Licensing Act and the Board's rules. Violations of the Act, Board rules, or the temporary emergency license will subject the temporary licensee to disciplinary action by the Board."
question
A licensed veterinarian or an applicant for a license from the board who is charged with a felony must report the arrest to the board.
answer
True. TAC § 573.70(a) "A licensee or an applicant for a license from the Board shall report to the Board no later than the 30th day after he or she is charged with, or convicted of, any misdemeanor related to the practice of veterinary medicine or equine dentistry, or any felony."
question
The professional services of a licensee shall not be controlled or exploited by any lay agency, personal or corporate, which intervenes between the client and the licensee.
answer
True. TAC § 573.21 "The professional services of a licensee shall not be controlled or exploited by any lay agency, personal or corporate, which intervenes between the client and the licensee."
question
Veterinarians shall exercise the same degree of humane care, skill, and diligence in treating patients as are ordinarily used in the same or similar circumstances by average members of the veterinary medical profession in good standing in the locality or community in which they practice, or in similar communities.
answer
True. TAC § 573.22 "Licensees shall exercise the same degree of humane care, skill, and diligence in treating patients as are ordinarily used in the same or similar circumstances by average members of the veterinary medical profession in good standing in the locality or community in which they practice, or in similar communities."
question
A licensee shall have a duty to a client to suggest a referral to a specialist, or otherwise more qualified licensee, in any case where the care and treatment of the animal is beyond the licensee's capabilities.
answer
True. TAC § 573.23(c) "A licensee shall have a duty to a client to suggest a referral to a Specialist, or otherwise more qualified licensee, in any case where the care and treatment of the animal is beyond the licensee's capabilities. A licensee's decision on whether to accept or continue care and treatment of an animal, which may require expertise beyond the licensee's capabilities, shall be based on the exercise of sound judgment within the prevailing standard of care for a licensee faced with the same or similar circumstances."
question
A temporary veterinary license may be issued even if the applicant has not passed the SBE.
answer
True. TAC § 571.15(a)(4) "The board may issue a temporary veterinary license to an applicant who: . . . has attained a passing score of at least 75% on: (A) The NAVLE if an applicant sits for that examination subsequent to its inauguration date; or (B) The national examinations referred to as the NBE (National Board Examination) and the CCT (Clinical Competency Test) required prior to the inauguration date of the NAVLE . . . ."
question
A licensed veterinarian should never guarantee a cure unless he or she is sure the animal will get well.
answer
False. TAC § 573.25 "It is professionally dishonest for a licensee to guarantee a cure. A licensee must avoid bold and confident assurances to clients, especially where the licensee's employment may depend upon such assurance."
question
Although a veterinarian may advertise services in the newspaper, licensed equine dental providers may not.
answer
False. TAC § 573.30 "A licensee may not engage in advertising that is false, deceptive, or misleading. A false, deceptive, or misleading advertising statement or claim includes . . . ."
question
A veterinarian may dispense prescription (legend) drugs directly from his or her practice and labels are required only if the veterinarian employs a pharmacist on the premises.
answer
False. TAC § 573.40 "A veterinarian shall affix labels to all unlabeled containers containing any medication dispensed and to all factory labeled containers that contain prescription (legend) drugs and/or controlled substances dispensed...."
question
A veterinarian cannot, under any circumstances, dispense a drug prescribed by a veterinarian licensed in another state.
answer
FAlse. § 801.362 "(a) A veterinarian may dispense a drug, other than a controlled substance, prescribed by another veterinarian, including a veterinarian licensed in another state, if: (1) failure to dispense the drug could interrupt a therapeutic regimen or cause a patient to suffer; (2) the prescribing veterinarian informs the dispensing veterinarian that the drug is appropriate and necessary for the animal; (3) the quantity of the dispensed drug does not exceed a five-day supply for each animal annually; (4) the annual total of dosage units of drugs dispensed under this subsection is not more than five percent of the total dosage units of drugs the veterinarian dispenses in a year; and (5) the veterinarian maintains records of dispensing activities under this section consistent with board rules."
question
Unless DEA registration is waived, only veterinarians registered with the Federal Drug Enforcement Administration (DEA) and the Texas Department of Public Safety (DPS) may prescribe, dispense, deliver or order delivered any controlled substances if such registration is required by other state or federal law.
answer
True. TAC § 573.43 "(a) Subject to subsection (b) of this section, a licensee may not prescribe, dispense, deliver, or order delivered, 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 . . . . "
question
Each Texas licensed veterinarian shall keep a copy of each rabies vaccination certification he/she has issued for a minimum of three years.
answer
False. TAC § 573.51(b) "Each veterinarian that issues a rabies vaccination certificate, or the veterinary practice where the certificate was issued, shall retain a readily retrievable copy of the certificate for a period of not less than five years from the date of issuance."
question
In cases where a less substantially constructed drug cabinet is secured in a room or area with limited access, a veterinarian must maintain a written list of all persons that have access to the controlled substances storage areas, including the dates on which individuals are added or deleted from the list.
answer
True. TAC § 573.61(5)(c) "A cabinet less substantially constructed may meet security requirements provided the cabinet is located in a room or area entrance to which has been so constructed that hinge mountings inhibit removal and a limited number of employees have keys or combinations to locking device. . . . A veterinarian must maintain a written list of all persons that have access to the controlled substances storage areas, including the dates on which individuals are added or deleted from the list."
question
A veterinarian may use his or her discretion in the off-label use of drugs for food-bearing animals intended for human consumption if the veterinarian establishes an extended withdrawal reasonably sufficient to ensure food safety.
answer
False. TAC § 571.45(d)(1) "For animals intended for human consumption, a veterinarian must establish an extended withdrawal interval sufficient to ensure food safety. The withdrawal period must be supported by scientific information and the veterinarian shall note the method used to determine the withdrawal interval in the patient records."
question
A veterinarian's patient records must include the date and substance of any referrals, the client's response to the referral, and any consultations with a specialist.
answer
True. TAC § 573.52(a) "Individual records shall be maintained at the veterinarian's place of business, shall be complete, contemporaneous and legible and shall include, but are not limited to: . . . (16) the date and substance of any referral recommendations, with reference to the response of the client; (17) the date and substance of any consultation concerning a case with a specialist or other more qualified veterinarian; . . . ."
question
A veterinarian operating under a temporary veterinary license must do so under direct supervision of a Texas licensed veterinarian who possesses an active, current license in the state of Texas.
answer
False. TAC § 571.15(b) "The applicant who earns the temporary veterinary license must be under the general supervision of a Texas licensed veterinarian who possesses an active, current license in the state of Texas."
question
A licensee may imply in advertising that his or her services are superior to other licensees, even if the statement is not reasonably verifiable.
answer
False. TAC § 573.30(3) "A licensee may not engage in advertising that is false, deceptive, or misleading. A false, deceptive, or misleading advertising statement or claim includes, without limitation . . . a representation or implication that the announced services or facilities are superior in quality to those of other licensees which is not subject to reasonable verification by the public and/or would tend to create a false impression of the qualities of the professional services or facilities . . . ."
question
Licensees shall admit a representative of the board to inspect equipment and business premises; examine and/or copy client and patient records, drug records, etc., at any time except Sunday.
answer
False. TAC § 573.63 "Licensees shall admit a representative of the board, during regular business hours, to inspect equipment and business premises; examine and/or copy client and patient records, drug records, including, but not limited to, invoices, receipts, transfer documents, inventory logs, surgery logs; and all other associated records relating to the practice of veterinary medicine."
question
A veterinarian may compound drugs for a specific animal or herd in amounts in excess of the current need if the veterinarian reasonably anticipates that a need for the drug in other animals will arise within the next three months.
answer
False. § 573.44 "(a) A veterinarian may only compound drugs for a specific animal or herd with which the veterinarian has established and maintained a valid veterinarian-client-patient relationship. (b) A veterinarian may only prescribe compounded drugs to treat a specific occurrence of a disease or condition, which threatens the health of the animal or will cause suffering or death if left untreated, that the veterinarian has observed and diagnosed in the particular patient for whom the compounded drugs are prescribed. The amount of a drug that a veterinarian compounds or orders compounded must not exceed the established need for specific compounded drugs for patients with which the veterinarian has established and maintained a valid veterinarian-client-patient relationship."
question
Licensed veterinarians shall conduct their practice with honesty, integrity, and fair-dealing to clients in time and services rendered and in the amount charged for services, facilities, appliances and drugs.
answer
True. TAC § 573.27 "Licensed veterinarians shall conduct their practice with honesty, integrity, and fair dealing to clients in time and services rendered, and in the amount charged for services, facilities, appliances, and drugs."
question
If a licensee attends a multi-day continuing education course and the certificate of completion reflects only a total number of continuing education credits that can be earned, proof of attendance must include a pre-printed schedule, agenda, or brochure on which the licensee marks the actual courses or seminar the licensee personally attended.
answer
True. § 573.65(c)(3) "If the licensee attends a multi-day course and the certificate of completion reflects only a total number of continuing education credits that can be earned, proof of attendance must include a pre-printed schedule, agenda, or brochure on which the licensee marks the actual courses or seminars the licensee personally attended."
question
The board conducts a compliance monitoring program in which veterinary practices are inspected on an unannounced basis by board investigators to ensure that licensees are complying with the requirements of the Veterinary Licensing Act and the Board's Rules.
answer
True. TAC § 573.68(a) "The Board shall conduct a compliance monitoring program to ensure that licensees comply with the requirements of Chapter 801, Texas Occupations Code (the Veterinary Licensing Act) and the Board's rules. (f) The Board may, on an unannounced basis, inspect licensees who have been ordered to perform certain acts as a result of a previous inspection to verify that the licensees performed the required acts. . . ."
question
A licensee who has defaulted on a student loan may be subject to disciplinary action by the Board.
answer
True. TAC § 573.78 "A licensee who has defaulted on a student loan or breached a student loan repayment contract by failing to perform his or her service obligation under the contract, or any other agreement between the licensee and the administering entity, relating to payment of a student loan may be subject to disciplinary action by the board."
question
A veterinary licensee who is the spouse of a person serving on active duty as a member of the armed forces of the United States who has failed to renew his or her license for a period of one year or more may receive a provisional license from the board.
answer
True. TAC § 573.59(c) "A veterinary licensee who is the spouse of a person serving on active duty as a member of the armed forces of the United States who has failed to renew his or her license for a period of one year or more may receive a provisional license in accordance with § 571.11(e) of this title (relating to Provisional Veterinary Licensure)."
question
A veterinarian may not destroy medical records that relate to any ongoing civil, criminal or administrative proceeding.
answer
True. TAC § 573.52(b)(2) "A veterinarian may destroy medical records that relate to any civil, criminal or administrative proceeding only if the veterinarian knows the proceeding has been finally resolved."
question
The "Practice of Veterinary Medicine" includes the 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, but does not includes such activities when carried out in connection with the care and treatment of marine mammals.
answer
False. § 801.002(5)(A) "'Practice of veterinary medicine' means the 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."
