State Board Questions W/Explanations

Question 1

“Veterinarian” means any person who is licensed to practice veterinary medicine by the Texas Board of Veterinary Medical Examiners.

Answer 1

True

§801.002(6): “Veterinarian” means a person licensed by the board under this chapter to practice veterinary medicine.

Question 2

“Direct supervision” means supervision by a responsible vet who is within arm’s length of the person being supervised

Answer 2

False

§801.002(3): “Direct supervision” means supervision of a person by a responsible vet who is physically present on the premises.

Question 3

An applicant must provide fingerprint cards before a criminal history evaluation letter can be issued.

Answer 3

False

TAC §571.3(d): The agency may require additional documentation including fingerprint cards before issuing a criminal history evaluation letter.

Question 4

One member of the State Board of Veterinary Medical Examiners must be a faculty member of a college of veterinary medicine.

Answer 4

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.

Question 5

A licensee who conducts a mobile practice with no fixed location shall not be required to provide a physical business address.

Answer 5

False

§573.76(a): Each licensee shall report to the Board the licensee’s; (3) physical business address, (d) A licensee who conducts a mobile practice with no fixed location shall not be required to provide a physical business address.

Question 6

A veterinarian-client-patient relationship exists only if a veterinarian receives a fee for his/her services.

Answer 6

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.
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 vet.

Question 7

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.

Answer 7

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.

Question 8

“Equine dentistry” includes the treatment of damaged or diseased teeth, but does not include treatments above the gum line.

Answer 8

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:

• The removal of calculus, soft deposits, plaque and stains above the gum line &
• The smoothing, filing, and polishing of tooth surfaces

Question 9

An owner may castrate his or her own cattle only if it is done under the direct supervision of a licensed veterinarian.

Answer 9

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.

Question 10

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.

Answer 10

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.

Question 11

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.

Answer 11

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.

Question 12

A licensed vet tech who is immediately supervising a task performed by a certified veterinary assistant or a vet assistant is responsible for conduct that violates laws, including board rules, related to the practice of veterinary medicine.

Answer 12

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.

Question 13

A person who practices veterinary medicine without a license may be found guilty of a state jail felony.

Answer 13

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.

Question 14

A supervising veterinarian may delegate greater responsibility and provide less supervision to a certified veterinary assistant than to a licensed veterinary technician.

Answer 14

False

§801.363(c): According to the judgment of the supervising veterinarian, a veterinarian may delegate greater responsibility to a licensed veterinary technician (LVT) than to a certified veterinary assistant (CVA) or a veterinary assistant (VA). 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.

Question 15

A veterinary assistant must be certified or licensed.

Answer 15

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

Question 16

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.

Answer 16

False

§801.051(a): The State Board of Veterinary Medical Examiners consists of 9 members appointed by the GOVERNOR with the advice and consent of the SENATE as follows;

• 6 VET members
• 3 members who represent the PUBLIC

Question 17

An applicant who receives a criminal history evaluation letter indicating that the applicant is ineligible for licensure cannot apply for a veterinary license.

Answer 17

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.

Question 18

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.

Answer 18

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.

Question 19

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.

Answer 19

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 & 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-

Question 20

An advisory committee provides independent expertise on TBVME functions and sets board policy

Answer 20

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.

Question 21

A passing score for the State Board Examination, the Licensed Veterinary Technician Jurisprudence Examination and the Equine Dental Provider Examination is 75%, respectively.

Answer 21

False

TAC §571.1(8): Passing score- an exam score of at least 75% on the National Exam & NAVLE, which is based on a locally derived scaled score’ an exam oof at least 75% on the VTNE, which is based on a locally derived score; An exam score of at least 85% on the SBC, LVTE, or the EDPE. The exam score is valid for ONE YEAR past the date of the exam

Question 22

Without exception, the records of the board are public & available for public inspection during normal business hours.

Answer 22

False

§801.207(a): EXCEPT as provided by Subsection (b), “a BOARD RECORD = 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.

Question 23

A VET 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

Answer 23

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.

Question 24

A private citizen may appear before the board and speak on any issue under the jurisdiction of the board.

Answer 24

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.

Question 25

A licensed veterinarian is subject to discipline if he or she is convicted of animal cruelty.

Answer 25

True

§801.402(18): A person is subject to denial of a license or to a disciplinary action under §801.401 if the person 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 Non-livestock Animals

Question 26

A vet-client-patient relationship may not be established solely by telephone or electronic means.

Answer 26

True

§801.351(c): A vet-client-patient relationship may not be established solely by telephone or electronic means.

Question 27

VETS 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.

Answer 27

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.

Question 28

A licensee 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.

Answer 28

True

§801.156(b): A licensee 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.
§573.76(d): A licensee shall notify the Board of any change of items required under subsection (a) of this section not later than the 60th day after the change takes place.

Question 29

The board shall provide reasonable assistance to a person who wishes to file a complaint with the board.

Answer 29

True

§801.159(b):

Question 30

The investigation records of the board, including records relating to complaints found to be groundless, are confidential.

Answer 30

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.

Question 31

A PROVISIONAL LICENSE to practice veterinary medicine is valid until the board approves or denies the provisional licensee’s application for a license.

Answer 31

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

Question 32

A VET 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.

Answer 32

True

§801.157(b): The board may order a Vet who is subject to disciplinary action under this chapter based on a finding that the vet is impaired by chemical dependency or mental illness to submit to care, counseling, or treatment through the peer assistance program.

Question 33

A person is eligible for licensure as an Equine Dental Provider (EDP) 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.

Answer 33

False

§571.6(a): 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 (NOT SBE)…and
2. is certified by the INTERNATIONAL ASSOCIATION OF EQUINE DENTISTS OR OTHER BOARD-APPROVED ENTITY

Question 34

For purposes of establishing a vet-client-patient, a vet can obtain sufficient knowledge of an animal by making medically appropriate & timely visits to the premises on which the animal is kept, but ONLY if the animal is a member of a HERD.

Answer 34

True

§573.20(b): Responsibility for Acceptance of Medical Care. (b): For purposes of establishing a vet-client-patient relationship…a vet 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

Question 35

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.

Answer 35

True

§801.409(a): An EXECUTIVE COMMITTEE of the Board consisting of the PRESIDENT and 2 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 info 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.

Question 36

A vet 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. TAC §573.55(b)

Answer 36

False

1. When a vet discontinues the provision of vet services without the continuation of their practice, he or she shall provide notice to clients of, WHEN the vet 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 vet’s office, & (B) sending written notification to clients seen in the last 3 years notifying them of discontinuance of practice or placing a notice in the local paper
   TAC §573.55(c)(1): Vets 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.

Question 37

A HERD is a group of animals of the SAME SPECIES managed as a group & confined to a SPECIFIC GEOGRAPHIC LOCATION & can include dogs and cats located in a shelter.

Answer 37

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 NOT includes DOGS, CATS OR ANY ANIMAL IN INDIVIDUAL TRAINING, or any animal that COMPETES AS AN INDIVIDUAL.”

Question 38

Sterilized dogs/cats released for adoption from a releasing agency must be identified by microchips, tattoos or both.

Answer 38

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 and 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.

Question 39

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.

Answer 39

True

§801.255(c): if requested in writing by a person who fails an exam, the Board shall provide to the person an analysis of the person’s performance on the exam.

Question 40

WITHOUT EXCEPTION, the board is obliged to notify each examinee of the results of a licensing exam not later than the 30th DAY after the date on which the licensing exam is administered.

Answer 40

False

§801.255(a): The Board shall notify each examinee of the results of the exam not later than the 30th DAY after the date the licensing exam is administered. *If an exam is graded or reviewed by a national testing service, the Board shall notify the examinee of the results of the exam not later than the 14th DAY after the date the board receives the results from the testing service.