TITLE 22. EXAMINING BOARDS

PART 24. TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS

CHAPTER 573. RULES OF PROFESSIONAL CONDUCT

SUBCHAPTER E. PRESCRIBING AND/OR DISPENSING MEDICATION

22 TAC §573.43

The Texas Board of Veterinary Medical Examiners (Board) proposes amendments to §573.43, concerning Controlled Substances Registration.

Overview

Effective September 1, 2016, Texas Department of Public Safety (DPS) Controlled Substances Registrations are no longer required by law. The purpose of the proposed amendment is to reflect this change in the law by removing references to DPS registration.

Fiscal Note

Rudy Calderon, Interim Executive Director, has determined that for each year of the first five years that the rule is in effect, there are no anticipated increases or reductions in costs to the state and local governments as a result of enforcing or administering the rule.

Mr. Calderon has also determined that for each year of the first five years that the rule is in effect, there are no anticipated impact on revenue to state government as a result of enforcing or administering the rule.

Public Benefit and Cost Note

Mr. Calderon has also determined that for each year of the first five years the rule is in effect, the anticipated public benefit will be that the rule accurately reflects required controlled substance registrations. There are no anticipated economic costs to persons required to comply with the rule.

Local Employment Impact Statement

Mr. Calderon has determined that the amendments to the rule will have no impact on local employment or a local economy. Thus, the board is not required to prepare a local employment impact statement pursuant to Government Code §2001.022.

Economic Impact Statement and Regulatory Flexibility Analysis

Mr. Calderon has determined that there are no anticipated adverse economic effects on small business or micro-businesses. Thus, the Board is not required to prepare an economic impact statement or a regulatory flexibility analysis pursuant to Government Code §2006.002.

Takings Impact Assessment

Mr. Calderon has determined that there are no private real property interests affected by the proposed amendments. Thus, the board is not required to prepare a takings impact assessment pursuant to Government Code §2007.043.

Request for Public Comments

The Texas Board of Veterinary Medical Examiners invites comments on the proposed amendment to the rule from any member of the public or interested person. 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. Comments must be received within 30 days after publication of this proposal in order to be considered.

Statutory Authority

The amendment is proposed under the authority of the Veterinary Licensing Act, Texas Occupations Code, §801.151(a), which states that the Board may adopt rules necessary to administer the chapter.

No other statutes, articles, or codes are affected by the proposal.

§573.43.Controlled Substances Registration.

(a) A licensed veterinarian may not prescribe, administer, 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) A licensed veterinarian registered with the DEA [and/or DPS] must comply with all relevant statutes and rules as required by DEA [and/or DPS], including but not limited to chapter 481 of the Texas Health and Safety Code, Chapter 13 of Part 1 of Title 37 of the Texas Administrative Code, and Chapter 13 of Title 21 of United States Code.

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 February 13, 2017.

TRD-201700587

Loris Jones

Executive Assistant

Texas Board of Veterinary Medical Examiners

Earliest possible date of adoption: March 26, 2017

For further information, please call: (512) 305-7563