Texas Attorney General Opinion: DM-498 Page: 1 of 10
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Office of the Zlttornep genera(
state of Eexas
DAN MORALES
ATTORNEY GENERAL December 22, 1998
Mr. Ron Allen Opinion No. DM-498
Executive Director
Texas State Board of Veterinary Re: Whether business arrangements between
Medical Examiners corporations and practicing veterinarians constitute
333 Guadalupe, Suite 2-330 the practice of veterinary medicine, and related
Austin, Texas 78701-3998 questions (RQ-1086)
Dear Mr. Allen:
On behalf of the Texas State Board of Veterinary Medical Examiners (the "board"), you
inquire about the legality under the Veterinary Licensing Act, article 8890, V.T.C.S., ofcertain novel
business arrangements that corporate entities have recently attempted to enter into with practicing
veterinarians. You describe three kinds of business arrangements between a veterinarian and a
corporation not owned exclusively by veterinarians, asking in each case whether the corporation is
practicing veterinary medicine.
Various provisions of the Veterinary Licensing Act (the "act") are relevant to your question
about business arrangements between a veterinarian and a corporation not owned exclusively by
veterinarians. Section 22(a) of the act bars a sole proprietorship, partnership, or corporation from
engaging in veterinary medicine unless the owner, partners, or shareholders are all licensees of the
board.' Thus, a corporation not owned exclusively by licensed veterinarians may not practice
veterinary medicine. Section 4 of the act states that "[a] person may not practice, offer or attempt
to practice veterinary medicine in this State without first having obtained a valid license to do so
from the Texas Board of Veterinary Medical Examiners."2 Violation of this provision constitutes
a class A misdemeanor.3 Pursuant to section 17 of the act "It]he Board, through the Attorney
General or any District or County Attorney, may institute an injunction proceeding. ., to enjoin any
person from the practice of veterinary medicine .., without such person having complied with the
'A "corporation" within section 22(a) of article 8890, V.T.C.S., does not include a municipal corporation or
a nonprofit corporation organized under the Texas Non-Profit Corporation Act, V.T.C.S. arts. 1396-1.01 - 11.01. Letter
Opinion No. 95-003 (1995).
2A list of exceptions from the licensing requirement is set out in section 3 of article 8890, V.T.C.S.3V.T.C.S. art. 8890, 4(b).
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Texas. Attorney-General's Office. Texas Attorney General Opinion: DM-498, text, December 22, 1998; (https://texashistory.unt.edu/ark:/67531/metapth274307/m1/1/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.