Texas Occupations Code 801.402 – General Grounds for License Denial or Disciplinary Action
Terms Used In Texas Occupations Code 801.402
- Dependent: A person dependent for support upon another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Rule: includes regulation. See Texas Government Code 311.005
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
A person is subject to denial of a license or to disciplinary action under § 801.401 if the person:
(1) presents to the board dishonest or fraudulent evidence of the person’s qualifications;
(2) commits fraud or deception in the examination process or to obtain a license;
(3) is chronically or habitually intoxicated, chemically dependent, or addicted to drugs;
(4) engages in dishonest or illegal practices in, or connected with, the practice of veterinary medicine or the practice of equine dentistry;
(5) is convicted of a felony under the laws of this state, another state, or the United States;
(6) engages in practices or conduct that violates the board’s rules of professional conduct;
(7) permits another to use the person’s license to practice veterinary medicine or to practice equine dentistry in this state;
(8) 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;
(9) issues a false certificate relating to the sale for human consumption of inedible animal products;
(10) commits fraud in connection with the application or reporting of a test of animal disease;
(11) pays or receives a kickback, rebate, bonus, or other remuneration for treating an animal or for referring a client to another provider of veterinary or equine dental services or goods;
(12) performs or prescribes unnecessary or unauthorized treatment;
(13) orders a prescription drug or controlled substance for the treatment of an animal without first establishing a veterinarian-client-patient relationship;
(14) refuses to admit a board representative to inspect the person’s client and patient records and business premises during regular business hours;
(15) fails to keep the person’s equipment and business premises in a sanitary condition;
(16) commits gross malpractice or a pattern of acts that indicate consistent malpractice, negligence, or incompetence in the practice of veterinary medicine or the practice of equine dentistry;
(17) is subject to disciplinary action in another jurisdiction, including the suspension, probation, or revocation of a license to practice veterinary medicine or to practice equine dentistry issued by another jurisdiction;
(18) is convicted for an offense under § 42.09, 42.091, or 42.092, Penal Code;
(19) represents the person as a veterinarian without a license issued under this chapter;
(20) practices veterinary medicine or assists in the practice of veterinary medicine without a license issued under this chapter; or
(21) violates § 801.353 or a rule adopted by the board related to confidentiality.