In 2023, the Texas legislature administratively attached the Texas Board of Veterinary Medical Examiners (TBVME) to the Texas Department of Licensing & Regulation (TDLR) for a temporary period, which is due to expire on August 31, 2024. The TBVME, under the auspices of the TDLR, currently licenses, oversees, and enforces the rules and laws that govern veterinarians, licensed veterinarian technicians, and equine dental providers. If the TBVME receives a complaint against a veterinarian, that agency processes the complaint and pursues disciplinary action against the veterinarian if warranted.
An experienced veterinarian license defense attorney at Bertolino LLP can represent your interests in any proceedings that you may face before the TBVME. We can review the disciplinary issues that your case involves and work to develop strategies to resolve those issues most effectively.
Steps in the Disciplinary Process Before the TBVME
When the TBVME receives a complaint against a licensed Texas veterinarian, it takes the following initial steps to process the complaint:
- Issues an acknowledgment of the receipt of the complaint within ten days;
- Notifies the veterinarian that a complaint has been filed; and
- Assigns an investigator to the complaint.
Investigation
The investigator assigned to the complaint gathers evidence concerning the complaint, which can involve interviewing the complainant and witnesses and asking for a response from the veterinarian who is the subject of the complaint. Veterinarians have a certain number of days in which to respond to the complaint. This response can be critical to the investigation’s outcome, so engaging an attorney’s services to assist with a response at this stage of the proceedings can be crucial. Furthermore, the investigator may obtain any documentary or other evidence that relates to the complaint.
Disposition of the Complaint
If the investigation reveals no evidence that the veterinarian has violated the Texas Veterinary Licensing Act, the Rules of Professional Conduct, or both, the TBVME will advise the complaining party that it will take no further action. However, if the TBVME determines a violation has occurred, it may commence disciplinary action.
Informal Conferences
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If the TBVME finds evidence of a violation, it can pursue formal disciplinary proceedings. TBVME routinely refers cases in which it believes a violation has occurred for an informal conference under 22 Tex. Admin. Code § 575.29. The conference is “informal” only to the extent that any rules of evidence and trial procedure do not apply as they would in a contested hearing. During an informal conference, a veterinarian appears before a TBVME panel to respond to the complaint and present evidence to support that response. The panel consists of two TBVME members, who are veterinarians, and one TBVME member of the public in cases involving medical expertise. In cases not involving medical expertise, the panel consists of TBVME staff as designated by the TBVME Executive Director.
Following the informal conference, the panel meets confidentially to consider the case. The panel then issues a ruling, which may consist of a recommendation for dismissal, a proposed agreed order, or another type of disciplinary action.
Agreed Orders
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An Agreed Order is a settlement offer that the TBVME makes if the panel finds evidence of a violation. The parties can negotiate Agreed Orders until they reach mutually agreed-upon terms. Typically, an Agreed Order contains an admission that a veterinarian has committed one or more violations and the sanction(s) that they will receive because of the violation(s).
If the parties reach an Agreed Order, it goes to the TBVME for approval. The TBVME can approve the Agreed Order as submitted, modify its terms, or reject it altogether. If approved, the TBVME signs the order, and it goes into effect.
Contested Hearings
Under 22 Tex. Admin. Code § 575.30, if the parties are unable to reach an Agreed Order, a veterinarian fails to timely respond to the TBVME’s proposed Agreed Order, or the TBVME rejects an Agreed Order, a contested hearing is the next step. TBVME staff can refer the case for a contested hearing before the State Office of Administrative Hearings (SOAH). SOAH then assigns an administrative law judge (ALJ) to the case, who oversees and hears evidence during the contested hearing.
First, the ALJ handles any pretrial matters, and discovery occurs between the parties under special rules governing SOAH proceedings. The ALJ then conducts a contested hearing to determine whether any violation of the Texas Veterinary Licensing Act or the Rules of Professional Conduct has occurred. The ALJ can admit documentary evidence and hear testimony from witnesses, like a court trial.
After the hearing, the ALJ issues a proposal for decision (PFD) that contains findings of fact and conclusions of law. The TBVME can adopt, amend, or reject the PFD and ultimately determines whether a violation has occurred and, if so, what sanctions the veterinarian should receive for that violation.
Sanctions in TBVME Disciplinary Proceedings
Veterinarians can receive a range of sanctions for violations of the Texas Veterinarian Licensing Act or the Rules of Professional Conduct. 22 Tex. Admin. Code §575.25 outlines a schedule of sanctions that the SOAH must use to determine sanctions in a contested hearing.
This code section divides violations into different categories, including Fraud or Dishonesty on an Application or Exam, Continuing Education, Confidentiality, Controlled Substances Records Keeping, Patient Record Keeping, Standard of Care, Substance Abuse, Unnecessary or Unauthorized Treatment, and Veterinarian Client Patient Relationship. A Default Schedule also exists for violations that do not specifically fall within any of the previously listed categories.
Each category of violations is further subdivided into Class A, B, and C violations based on the severity and nature of the violation. The schedule then establishes minimum and maximum sanctions for each class of violation. The schedule also contains specific aggravating and mitigating factors that apply only to that violation category that the factfinder must consider in determining the appropriate sanction(s).
This code section also provides that the factfinder must consider the following general aggravating and mitigating factors in determining the appropriate sanction(s) in each case:
Aggravating Factors
- A history of previous violations
- Any hazard or potential hazard created to the health, safety, or economic welfare of the public
- Any economic harm or risk of harm to the client or the public, including economic harm to property or the environment
- Any misrepresentations or untruthfulness regarding the violation
Mitigating Factors
- Any efforts to correct the violation, harm, or risk of harm
- Any restitution made to the client
- Whether the licensee is new to the practice of veterinary medicine or equine dentistry
- The extent to which facility policies and conditions beyond the licensee’s control contributed to the violation
Bertolino, LLP: The Law Firm Ready to Defend Your Interests Before TDLR
Retaining an experienced veterinarian license defense attorney to represent you before TDLR is always your best interest. We are here to protect our interests throughout every stage of your disciplinary proceedings. Contact the lawyers of Bertolino, LLP today by calling (512) 980-3751 or visiting us online.
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