Guidance regarding the application of section 801.004(1) of the veterinary licensing act (chapter 801, Texas occupations code) to shelter veterinarians
Summary of Issue
In most animal shelters, the animals are the property of the shelter. Shelters often employ veterinarians to treat these animals. This raises a question as to whether Section 801.004(1) (commonly known as “the owner exemption”) of the Veterinary Licensing Act applies to shelter veterinarians in Texas and if so, for which specific statutes and Board rules does the exemption apply.
Applicable Statute
Sec. 801.004. APPLICATION OF CHAPTER. This chapter does not apply to:
(1) 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
Interpretation
The issue of whether the owner exemption applies to shelter veterinarians was addressed in Texas Board of Veterinary Medical Examiners v. Ellen Jefferson, D.V.M. (SOAH Docket No. 578-14-1546). The Administrative Law Judge assigned to the case issued an order (Order No. 9) in which they found that the owner exemption does apply to shelter veterinarians in relation to conduct which constitutes “the care or treatment of the animal.” This means veterinarians and staff who are employed by animal shelters are exempt from the Veterinary Licensing Act statutes and Board rules which pertain to the care and treatment of animals they treat which are owned by the shelter.
Such statutes and rules which pertain to the care and treatment of an animal and therefore a shelter veterinarian would be exempt from, include but are not limited to: Section 801.251 (License Required for Practice of Veterinary Medicine), Section 801.351 (Existence of Veterinarian-Client-Patient-Relationship), Section 801.402(13) (providing that a veterinarian is subject to discipline for ordering a prescription drug or controlled substance for the treatment of an animal without first establishing a veterinarian—client—patient relationship), Section 801.402(16) (providing that a veterinarian is subject to discipline for committing 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), Rule 573.22 (Professional Standard of Care), Rule 573.40 (Labeling of Medications Dispensed), Rule 573.41 (Use of Prescription Drugs), and Rule 573.52 (Veterinarian Patient Record Keeping).
Examples of Veterinary Licensing Act statutes and Board rules for which shelter veterinarians would not be exempt under the owner exemption include but are not limited to: Rule 573.43 (Controlled Substances Registration), Rule 573.50 (Controlled Substance Record Keeping for Drugs on Hand), Rule 573.64 (Continuing Education Requirements), and 573.75 (Duty to Cooperate with Board).
