Texas Attorney General Opinion: DM-498 Page: 2 of 10
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Mr. Ron Allen - Page 2
other provisions of this act.'" Another enforcement mechanism against unlicensed persons is found
in subsection 14(d) of the act:
A person not licensed under this Act who violates this Act or a rule adopted
by the Board under this Act is subject to a civil penalty of $1,000 for each
day of violation. At the request of the Board, the attorney general shall bring
an action to recover a civil penalty authorized under this subsection.
A licensed veterinarian who "has permitted or allowed another to use his license, or certificate to
practice veterinary medicine in this state" is subject to discipline by the Board of Veterinary Medical
Examiners.5
Your first question is as follows:
1. A corporation, not owned exclusively by veterinarians, buys an
established veterinary clinic consisting of land, buildings, all the equipment,
goodwill, trade name, business records, patient records, and drug inventory.
Regardless of the relationship between the corporation and an unrelated
veterinarian who will practice at the location, is the corporation's ownership
of the clinic the practice of veterinary medicine prohibited by the Veterinary
Licensing Act whenever animals are treated by a veterinarian at the clinic?
The "Practice of Veterinary Medicine" is defined as follows:
(A) the diagnosis, treatment, ... relief, or prevention of animal disease,
deformity, defect, injury, or other physical condition, including the
prescription or administration of a drug, ... or other therapeutic or diagnostic
substance or technique;
(B) the representation of an ability and willingness to perform an act
included in Paragraph (A) of this subdivision;
(C) the use of a title, words, or letters to induce the belief that a person
is legally authorized and qualified to perform an act included in Paragraph
(A) of this subdivision; or
41d. 17.
51d. 14(a)(6).p. 2843
(DM-498)
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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/m1/2/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.