TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS...2017-074 Edward Mapes, DVM CP16-406 Recusals:...

TEXAS BOARD OF

VETERINARY MEDICAL EXAMINERS _________________________________________________________________________________________

Page 1 of 2 Revised: 11/28/2017

Board Meeting Agenda 333 Guadalupe, Room 2-225

Austin, Texas

Tuesday, December 5, 2017

8:00 A.M. – 12:00 P.M.

The Texas Board of Veterinary Medical Examiners will consider and act, if necessary, on matters within the

jurisdiction of the Board which are listed on this agenda. The Board may meet from time-to-time in executive

session with respect to the agenda items as authorized by the Texas Open Meetings Act, Chapter 551 of the

Government Code.

1. Full Board call to order, roll call, vote on absences. (Dr. Quillivan) (TAB 1)

2. Consideration and Approval of October 10, 2017 Minutes (Dr. Quillivan) (TAB 2)

3. Executive Director’s Report (Mr. Helenberg) (TAB 3.1 – 3.4)

a. Announcement of personnel changes (TAB 3.1) b. Guidance on methods of communication with Board Members (TAB 3.2) c. Pending Litigation Update1 (TAB 3.3) d. Finance Department Report (TAB 3.4)

4. Consideration and approval of Agreed Orders. 1 (Ms. Griffin) (TAB 4)

5. Discussion, recommendation and possible action regarding adoption of proposed Board Rule amendment.

(Ms. Griffin)

a. 577.15 Fees (Amendment) (TAB 5)

6. Committee Appointments (TAB 6)

a. Executive Committee b. Enforcement Committee c. Licensing Committee d. Finance Committee e. Advisory Committees

1. Equine Dental Provider Advisory Committee 2. Licensed Veterinary Technician Advisory Committee

7. Discussion, recommendation and possible action regarding future Board meeting dates. (Dr. Quillivan) (TAB 7)

8. Discussion of possible agenda items for future Board meetings. (Dr. Quillivan) (TAB 8)

9. Citizen Comments (Dr. Quillivan) (TAB 9)

of 2 Revised: 11/28/2017

10. Adjourn.

*The Board may go into Executive Session on any legal matter presented on any of the above items

pursuant to the Open Meetings Act.

1. §551.071. Consultation with Attorney; Closed Meeting

Executive session for private consultation and advice of counsel concerning pending or contemplated

litigation or settlement offer and/or possible disciplinary action under the authority of the Open Meetings Act,

GOVERNMENT CODE, §551.071; OCCUPATIONS CODE §801.407(d); and Attorney General's Opinion

No. H-484.

2. §551.074. Personnel Matters; Closed Meeting

Executive session to discuss matters involving the appointment, employment, evaluation, reassignment,

duties, discipline, or dismissal of a public officer or employee under the authority of the Open Meetings Act,

GOVERNMENT CODE, Section 551.074.

3. §551.088. Deliberations Regarding Test Item

Executive session to discuss matters involving a test item or information related to a test item that may be

included in an examination that the agency administers to applicants seeking licensure under the authority of

the Open Meetings Act, GOVERNMENT CODE Section 551.088

Persons requiring special accommodations, including the use of an interpreter, due to a disability should contact

the Board office at least five working days prior to the Board meeting.

Las personas que necesiten servicios especiales, incluyendo los de un intérprete, debido a un impedimento físico,

llamen la oficina de la Junta por lo menos cinco días antes de la reunión de la Junta.

Board Members:

Jessica Quillivan, DVM, President

Keith Pardue, Vice-President

Sandra “Lynn” Criner, DVM, Secretary

Carlos Chacon

Samantha Mixon, DVM

Michael White, DVM

Randy Skaggs, DVM

AGENDA ITEM 1

TAB 1

CALL TO ORDER, ROLL CALL AND VOTE ON ABSENCES

This meeting of the Texas Board of Veterinary Medical Examiners is now called to order, the time is .

Welcoming Statement from Board President (Dr. Quillivan)

Dr. Criner, may I have a roll call please.

MEMBER NAME

ATTENDANCE NOTATION*

Carlos Chacon

Sandra “Lynn” Criner, DVM, Secretary

Samantha Mixon, DVM

Keith Pardue, Vice-President

Jessica Quillivan, DVM, President

Randy Skaggs, DVM

Michael White, DVM

If there are any absences…

Do I have a motion to approve or deny the absences? o I move that we approve the absence(s) of . o I move that we deny the absence(s) of .

Is there a second? Is there any discussion?

*

= In Attendance X = Absent (Please indicate if Not Excused)

AGENDA ITEM 2

TAB 2

CONSIDERATION AND APPROVAL OF THE OCTOBER 10, 2017 MINUTES.

The minutes of the October 10, 2017 meeting were sent to you earlier for review.

Do I have a motion to approve the minutes? o I move that we approve the minutes as presented. o I move that we approve the minutes with corrections as

discussed.

Is there a second?

Is there any discussion?

All in favor, say aye.

All opposed, say nay.

TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS

BOARD MEETING MINUTES

October 10, 2017

The Texas Board of Veterinary Medical Examiners met for a scheduled meeting on Tuesday,

October 10, 2017, in Room #2-225 of the William P. Hobby, Jr. Building, 333 Guadalupe, Austin,

Travis County, Texas.

Agenda Item 1. Full Board Call to Order, Roll Call.

Jessica Quillivan, DVM, Board President, called the meeting to order at 10:07 a.m. Board

Members present were: Carlos Chacon, Lynn Criner, DVM, Secretary; Samantha Mixon, DVM;

Keith Pardue, Vice-President; Randy Skaggs, DVM; and Michael White, DVM. Board Staff

present were: Michelle Griffin, Interim General Counsel; Matthew West, Director of

Enforcement; Elaine Crease, Legal Administrative Assistant; and Teresa Long, Accountant.

Agenda Item 2. Consideration and Approval of the May 8, 2017 Minutes.

Mr. Pardue moved, Dr. Criner seconded and the motion passed unanimously to approve the May

8, 2017 minutes.

Agenda Item 3. Introduction of New Investigators.

Mr. West gave background information on the two new regional investigators hired, Michael

Campos, who will be working in the Houston region, and Maricela Santibanez, who will be

working in the Dallas-Fort Worth region.

Agenda Item 4. Executive Director’s Report.

a. Enforcement Department Report. Dr. Quillivan asked if there were any questions from

the Board Members regarding the Enforcement Department statistical reports previously sent to

them. There were none.

b. Legal Department Report. Ms. Griffin discussed the number of Board Orders offered,

cases pending informal conferences and cases pending filing at the State Office of Administrative

Hearings, and litigation filed against the agency in various courts. She also thanked the members

of the Enforcement Committee, Dr. Quillivan, Dr. Carpenter, and Mr. Pardue for spending their

own money to come to Austin several times over the summer for Informal Conferences, in order

to help reduce the backlog of cases.

Texas Board of Veterinary Medical Examiners Board Meeting Minutes October 10, 2017

Page 2 of 7

c. Finance Department Report. Ms. Long discussed the budget and revenue reports, noting

that the books for Fiscal Year 2017 were now closed, and that the Annual Financial Report (AFR)

has been distributed to the Governor’s Office and other governmental agencies.

d. Licensing Department Report. Dr. Quillivan asked if there were any questions from the

Board Members regarding the Licensing Department statistical reports previously sent to them.

There were none.

e. Operations Department Report.

1. Customer Outreach. Dr. Quillivan reported that Mr. West has taken over maintaining

the agency website and Facebook page; and that Ms. Crease is continuing the email blasts.

2. Human Resources. No items to report.

3. IT. No items to report.

Agenda Item 5. Consideration and approval of Agreed Orders.

Dr. Quillivan moved, Mr. Pardue seconded and the motion passed unanimously to go into

Executive Session at 10:17 a.m. for private consultation and advice of counsel concerning pending

or contemplated litigation, including administrative proceedings, or settlement offers and/or

possible disciplinary action under the authority of the Open Meetings Act, GOVERNMENT

CODE, §551.071; OCCUPATIONS CODE §801.407(d) and Attorney General's Opinion No. H-

484. Open session resumed at 11:14 a.m. and it was announced that no action was taken. A

certified agenda was made.

After discussion, Dr. Mixon moved that the Board Orders listed on Agenda Item #5 be

approved as written. Mr. Chacon seconded, and the motion passed. Dr. White voted against

the motion. The Board Orders approved are as follows, with recusals noted.

Docket # Name Case #

2017-071 Stephen Harris, DVM CP16-454 Recusals: Quillivan, Pardue

2017-074 Edward Mapes, DVM CP16-406 Recusals: Quillivan, Pardue

2017-075 Mitzi Pyle, LVT CP16-248 Recusals: Quillivan, Pardue


Page 3 of 7


2017-096 Eduardo Jimenez, DVM CP17-009 Recusals: Quillivan, Pardue

2017-098 Craig Verwers, DVM CP16-153 Recusals: Quillivan

2017-103 Hillary Hellstern, DVM CP16-427 Recusals: Quillivan, Pardue

2017-104 Diarra Blue, DVM CP16-465 Recusals: Quillivan, White

2017-106 K.C. Ferrazzano, DVM CP16-422 Recusals: Quillivan, Pardue

2017-138 Mark Fuller, DVM CP16-438 Recusals: Quillivan, Pardue

2017-145 Deborah Schaffer, DVM CP16-387 Recusals: Quillivan, Pardue

2017-147 Edward Mapes, DVM CP17-122 Recusals: Quillivan, Pardue, Criner

2016-070 Diarra Blue, DVM CP16-092 Recusals: Quillivan, White

2016-071 Aubrey Ross, DVM CP16-093 Recusals: Quillivan, White

2016-162 John Falgout, DVM CP16-173 Recusals: Quillivan

2017-007 John Wood, DVM CP16-346 Recusals: Quillivan, Pardue

2017-035 Jonathan Kendall, DVM CP16-203 Recusals: Quillivan, Pardue

2017-114 Wendy Dearixon, DVM CP16-391 Recusals: Quillivan, Pardue

2017-175 William Hester, DVM CP17-156

2017-182 Dean Layh, DVM CP17-152

2017-192 Scott Grant, DVM CP16-336

2017-233 Zachary Smith, DVM CP17-277 2017-021 Rachel Valot

2017-163 Todd Glover, DVM CP17-058

2017-165 Joel Bennett, DVM CP17-075

2017-166 Lloyd Jarmon, DVM CP17-084 Recusal: Criner

2017-167 Shannon Espy, DVM CP17-075 Recusal: Criner

2017-169 Priscilla Canales, LVT CP17-092


Page 4 of 7


2017-170 Carrie Givens, DVM CP17-170

2017-172 Jeb Skiles, DVM CP17-104

2017-177 Candace Clark, LVT CP17-177

2017-178 Mary Tatum, DVM CP17-107

2017-179 Wylie Skelton, DVM CP17-102

2017-180 Emilio Davila, LVT CP17-089 Recusal: Criner

2017-185 Michelle Robnett, LVT CP17-096

2017-187 Samantha Hulbig, LVT CP17-076

2017-188 Robert Ballinger, DVM CP17-065

2017-189 Toni Cloninger, DVM CP17-061

2017-202 Miguel Navarro Martinez, DVM CP17-088 2016-187 Kevin Kruse, DVM CP16-398

Recusals: Quillivan

2017-070 Elton Haydel, DVM CP16-314 Recusals: Quillivan, Pardue

2017-085 Aubrey Watkins, DVM CP16-434 Recusals: Quillivan, Pardue

2017-130 Sable Murry, DVM CP17-071

2017-137; 2017-141

Timothy Ashley, DVM CP16-458; CP16-457

Recusals: Quillivan, Pardue

2017-139 Kimberly Tunmire, DVM CP16-431 Recusals: Quillivan, Pardue

2017-190 Brooke Knowlton, DVM CP16-469

2017-232 Sam Scarmardo, DVM CP17-227

2017-009 Denise Kobuszewski, DVM Agenda Item 6. Consideration and approval of Cease and Desist Orders.

Dr. Skaggs moved that the Cease and Desist Orders on the agenda be approved as written. Mr.

Chacon seconded, and the motion passed unanimously. The Cease and Desist Orders approved are

as follows:

Case #/Docket # Name City CP17-026/CD2017-060 Nathan Strahan Springtown, TX

CP16-429/CD2017-061 Spencer LaFlure Athol, NY

CP16-450/CD2017-064 Barbi Straub Gatesville, TX


Page 5 of 7

Agenda Item 7. Consideration and approval of cases dismissed at Staff Conference.

Dr. White was recused from voting on case CP17-033. Dr. Skaggs moved that the cases listed on

the agenda under Item #7 be dismissed except CP16-354, CP17-067, and CP17-097, which would

be referred back to the Enforcement Department. Mr. Chacon seconded, and the motion passed.

The following cases were dismissed: CP16-354, CP16-362, CP16-382, CP16-414, CP16-423,

CP16-437, CP16-448, CP16-479, CP17-033, CP17-034, CP17-063, CP17-067, CP17-068, CP17-

069, CP17-085, CP17-097, CP17-126, CP17-140, CP17-144, CP17-147, CP17-172, CP17-173,

CP17-175, CP17-176, CP17-181, CP17-182, CP17-185, CP17-187, CP17-197, CP17-201, CP17-

213, CP17-215, CP17-222, CP17-229, CP17-230, CP17-232, CP17-237, CP17-244, CP17-248,

CP17-293, CP17-294, CP17-295, and CP17-296.

Agenda Item 8. Discussion, recommendation and possible action regarding Board Rules.

Agenda Item 8a. Discussion, recommendation and possible action on rules to be adopted:

Ms. Griffin presented proposed rule changes that were ready to be adopted after the proposals had been published in the Texas Register for public comment on June 16, 2017. The changes consisted of

amendments to §573.65 regarding Proof of Acceptable Continuing Education, §575.4 regarding Conduct

and Decorum, §575.29 regarding Informal Conferences, §575.35 regarding Temporary License Suspension

Proceedings, and §575.62 regarding Negotiated Rulemaking; repeal of existing rule §577.5 regarding

Advisory Committees, and a new rule §577.5 regarding Committees of the Board, which will replace the

rule being repealed. These rule changes were presented with staff-recommended non-substantive changes

to the proposed versions. After discussion, Mr. Chacon moved to file the adopted rule changes with

staff-recommended non-substantive changes to §§573.65, 575.4, 575.29, 575.35, 575.62, and 577.5 and

preambles with the Texas Register, in accordance with the Administrative Procedure Act. Dr. Skaggs

seconded the motion, and it passed unanimously.

Agenda Item 8b. Discussion, recommendation and possible action on rules to be proposed.

Ms. Griffin presented a proposed amendment to §577.15 regarding Fees. This proposed amendment

would put into effect a fee increase to become effective on January 1, 2018. After discussion, Dr. Skaggs

moved that the proposed preamble and amendment to §577.15 be published in the Texas Register


Page 6 of 7

for public comment in accordance with the Administrative Procedure Act. Mr. Chacon seconded

and the motion passed unanimously.

Agenda Item 9. Discussion, recommendation and possible action regarding future board

meeting dates. After discussion, it was agreed that the next regular board meeting date would be

on the morning of Tuesday, December 5, 2017. On the abbreviated agenda for December will be

the adoption of the fee rule change, the appointment of Board Committees and Board Officers, and

any items regarding the Sunset quarterly report.

There will also be a Board Meeting scheduled for Tuesday, January 16, 2018. In addition to the

standard agenda items, an item will be added regarding clarification of the circumstances under

which certain criminal activities and convictions must be reported to the Board. This will involve

Rule 573.50, Reporting of Criminal Activity, and Rule 575.50, Criminal Convictions.

Agenda Item 10. Discussion, recommendation and possible action regarding the

appointment, employment, and duties of the Executive Director. Dr. Criner moved to go into

Executive Session at 1:50 p.m. to discuss matters involving the appointment, employment,

evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee under the

authority of the Open Meetings Act, GOVERNMENT CODE, §551.074. Dr. Quillivan seconded

and the motion passed unanimously. Open session resumed at 3:22 p.m. It was announced that no

action was taken. A certified agenda was made. Mr. Chacon moved that the Board make an

offer of employment as Executive Director at the highest possible pay to candidate John

Helenberg. Dr. Criner seconded the motion, and it passed unanimously.

Agenda Item 11. Citizens Comments.

Janie Carpenter, former TBVME Board Member, presented comments on behalf of herself.

She stated that she had devoted twelve years to the Board and the agency, and that she felt she had

helped and improved processes, in particular, working with Cindy and Gregg Munson regarding

the complaints process. She further stated that, as a Board, they had done the best that they could,

considering that they were working under budget cuts, hiring freezes, and the Sunset process. She


Page 7 of 7

stated that she felt that while the Sunset process did find some problems, that these were magnified

by political considerations. She stated that she never quit the board, and appreciates the staff and

how hard they work.

Judy Santerre presented comments on behalf of herself related to a complaint she had filed

against a licensee.

Heather Kutyba presented comments on behalf of herself related to a complaint she had filed against a licensee. Jodi Ware submitted written comments on behalf of herself related to a complaint she had filed against a licensee.

There being no further business, the meeting adjourned at 3:32 p.m.

Agenda Items for Future Board Meetings

December 5, 2017 Board Meeting

1. Adoption of the proposed fee rule increase (Rule 577.15)

2. Appointment of Board Committees and Board Officers

3. Any items regarding the Sunset Quarterly Report

January 16, 2017 Board Meeting

1. Discussion of rule changes that would clarify the circumstances under which certain criminal

activities and convictions must be reported to the Board. This will involve Rule 573.50, Reporting

of Criminal Activity, and Rule 575.50, Criminal Convictions.

AGENDA ITEM 3

TAB 3.1 – 3.5

EXECUTIVE DIRECTOR’S REPORT (Mr. Helenberg)

a. Announcement of personnel changes. (Tab 3.1) b. Guidance on methods of communication with Board Members (Tab 3.2) c. Pending Litigation Update (Tab 3.3) d. Finance Department Report

1. Budget Report (Tab 3.4) 2. Revenue Report (Tab 3.5)

These items are informational only, no vote needed.

AGENDA ITEM 3

TAB 3.1 – 3.5

EXECUTIVE DIRECTOR’S REPORT (Mr. Helenberg) a. Announcement of personnel changes. (Tab 3.1)


Texas Board of Veterinary Medical Examiners

Executive Director’s Report

December Board Meeting

1. Agency Summary

November was a busy first month. I am thankful that the Texas Commission on Law

Enforcement(TCOLE) allowed me the latitude to spend time with this agency in October, which

provided a smooth transition. TCOLE also allowed their financial/HR staff to come over provide

training and assistance to our staff during the first week. November has been spent assessing

the agency and hiring/promoting staff to support the agency’s operations. In my assessment, I

believe the agency is in good shape, however we have a lot of work to do to meet the sunset

requirements and bring our licensing and enforcement practices up to date. With that said, I

must complement the hard work of the staff which has kept the agency moving forward through

difficult times. The fact that the agency has sustained operations is a testament to the

employees who have continued to work in the best interests of the agency.

2. Staff Changes and Additions

Operations Director, Candice Simon joins the Texas Board of Veterinary Medical Examiners

from the Texas Commission on Law Enforcement where she led the Enforcement and Legal

Division. Prior to state employment, Candice worked as an independent contractor for the

Federal Emergency Management Agency followed by TACTIX Consulting Group, where she

served the Vice President for Operations. While working at TACTIX, Candice managed the day to

day operations to include education, training, finance, and human resources. In 2012, Candice

began working for the Texas Commission on Law Enforcement as an investigator at an agency

charged with regulating a licensed population of more than 120,000. Candice was instrumental

in restructuring and refining the regulatory functions of the agency and soon became the

division supervisor in 2013. In 2016, the division was expanded to include the agency’s

administrative prosecutions unit which is responsible for all legal actions against a licensee and

the subsequent hearings at the State Office of Administrative Hearings. In addition to her

supervisory role, Candice maintained a top-secret security clearance and served on the FBI’s

public corruption taskforce which is charged with investigating and prosecuting public

officials. Candice’s experience in a state licensing agency, coupled with her ability to lead

change while analyzing and refining processes makes her the ideal person to join our team as

the Operations Director.

Chief Financial Officer, Arlethia Middleton joins the Texas Board of Veterinary Medical

Examiners from the Texas Board of Chiropractic Examiners where she served as the Chief

Financial Officer for the past seven years. Arlethia has over 25 years of state service working in

various positions such as lead accountant for the Texas Medical Board, accounting specialist for

Office of Court Administration and Chief Financial Officer for the Board of Chiropractic

Examiners. In Arlethia’s previous position she was responsible for all aspects of the financial

operations and management of the agency’s $800,000 budget. Arlethia was instrumental in her

previous agency’s transition from the USAS accounting system to the new Centralized

Accounting and Payroll/Personnel System (CAPPS) which our agency will begin transitioning to

next year. Arlethia’s previous Executive Director personally took the opportunity to contact me

and congratulate me on our selection for the CFO position. Arlethia’s abilities to effectively and

efficiently manage a substantial budget will be a valuable resource for our agency.

Licensing Program Supervisor, Wanda Bennett was promoted from her previous position of

Administrative Assistant on November 17, 2017. Wanda has been with the Texas Board of

Veterinary Medical Examiners since 2013 and has supported both the Licensing and

Enforcement Divisions. Prior to joining the TBVME, Wanda retired from Farmers insurance after

35 years of service. Wanda served in various leadership positions during her career and retired

as a manager with the company. Wanda’s experience in the licensing division and her use of

independent initiative during the transition time made Wanda standout as a leader. Several

staff members expressed at different times that Wanda should be the one selected to supervise

the division. Wanda’s abilities and knowledge will be beneficial and necessary for the success of

the division.

Enforcement Investigator Philip Asebedo will be departing TBVME and transferring to the Texas

Board of Dental Examiners as an investigator effective December 1, 2017.

3. Budget Status

The agency’s current percent of budget expended is 14.8%.

The current lapse of the fiscal year is 25%.

As of November 26, 2017 was are under our spending projections for the Fiscal Year.

The current budget does not include the additional funding contained in Sec. 18.35 which was

appropriated to the agency as a contingency for HB 319. This amount totals an additional

$54,810 appropriation to our salary budget after our fee changes are effective to cover the

additional Investigator position granted by the 85th legislature.

4. New Sunset Recommendations Implemented

Recommendation 1.2 Board Member Training

We have developed an initial training manual for new board members and are implementing

the training. The first training session will follow the board meeting on December 5, 2017. We

will continue to refine this training as we go forward.

Recommendation – Chief Fiscal Officer

The job description was modified as recommended and a selection has been made to fill the

position with a qualified person.

Recommendation – Automatic Registration for the PMP

We have complied with the request from the Board of Pharmacy to provide e-mail addresses of

our licensed veterinarians by providing the business e-mail addresses on file. An e-mail was sent

out to the licensees affected by the legislation advising that the business address was released.

This did cause some confusion since most licensees believed they were exempted from the PMP

which is only partially correct. Licensees must have a method to electronically receive

notifications from the PMP. (H.B. 2561)

5. Communications

To keep communications flowing in the office I have developed an Agency Executive Summary

(AES) that is distributed weekly to the staff. The AES is a simple one-page glance at the agency

to keep everyone informed. Feedback has been positive.

AGENDA ITEM 3

TAB 3.1 – 3.5

EXECUTIVE DIRECTOR’S REPORT (Mr. Helenberg) b. Guidance on methods of communication with Board Members (Tab 3.2) (No document; discussion only)


AGENDA ITEM 3

TAB 3.1 – 3.5

EXECUTIVE DIRECTOR’S REPORT (Mr. Helenberg) c. Pending Litigation Update (Tab 3.3) (No document; presentation only)


AGENDA ITEM 3

TAB 3.1 – 3.5

EXECUTIVE DIRECTOR’S REPORT (Mr. Helenberg) d. Finance Department Report

1. Budget Report (Tab 3.4)


TEXAS BOARD OF VETERINARY MEDICAL EXAMINERSSummary of Expenses as of November 26, 2017

OPERATING

OBJECT OF EXPENSE BUD 2018 EXP 2018 AVAILABLE BUD AVG ACTUAL AVG

1001 SALARIES & WAGES 974,832.00$ 151,069.91$ 823,762.09$ 81,236.00$ 50,356.64$

1002 OTHER PERSONNEL COSTS 23,066.00$ 3,694.74$ 19,371.26$ 1,922.17$ 1,231.58$

2001 PROFESSIONAL FEES & SERVICES 62,700.00$ 2,118.02$ 60,581.98$ 5,225.00$ 706.01$

2003 CONSUMABLE SUPPLIES 9,000.00$ 64.45$ 8,935.55$ 750.00$ 21.48$

2004 UTILITIES 1,550.00$ 203.47$ 1,346.53$ 129.17$ 67.82$

2005 TRAVEL 47,800.00$ 2,480.87$ 45,319.13$ 3,983.33$ 826.96$

2006 RENT - BUILDING 1,400.00$ 179.04$ 1,220.96$ 116.67$ 59.68$

2007 RENT - MACHINE/EQUIPMENT 5,500.00$ 896.24$ 4,603.76$ 458.33$ 298.75$

2009 OTHER OPERATING COSTS 124,134.00$ 21,507.85$ 102,626.15$ 10,344.50$ 7,169.28$

5000 CAPITAL EXPENDITURES -$ -$ -$ -$ -$

TRANSFERS OUT - H.P.C. (26,403.00)$

TOTAL: 1,223,579.00$ 182,214.59$ 1,041,364.41$ 104,165.17$ 60,738.20$

Excess Revenue Collected for 13001 0.00

TOTAL AVAILABLE BUDGET/CASH 1,041,364.41$

NON-OPERATINGPEER ASSISTANCE

2001 PROF SERVICES (7253 & 7806) 45,000.00$ 7,005.54$ 37,994.46$ 3,750.00$ 2,335.18$

TEXAS.GOV (TXNICUSA)

2009 OTHER OPERATING EXP (7219) 40,000.00$ 3,012.00$ 36,988.00$ 3,333.33$ 1,004.00$

CAPPS (Centralized Acc/Pay/Pers System)

5000 Capital Expenditures 54,000.00$ -$ 54,000.00$ 4,500.00$ -$

1,362,579.00$ 192,232.13$ 1,170,346.87$ 115,748.50$ 64,077.38$

% of Budget Spent % of Fiscal Year Lapsed

15.50%

16.02%

3.38%

0.72%

13.13%

5.19%

12.79%

16.30%

17.33%

14.89% 25.00%

AGENDA ITEM 3

TAB 3.1 – 3.5

EXECUTIVE DIRECTOR’S REPORT (Mr. Helenberg) d. Finance Department Report

2. Revenue Report (Tab 3.5)



Total Revenue Collected for FY 2018 through November 21, 2017

Revenue Type (APPN) Fee Type (COBJ) Revenue Source (AOBJ) Total

Agency Appr Receipt

APPN 13001 Admin Fee (3719) Custom Lists (6001) 675.90$

Duplicate License (2008) 280.00$

Letter of Good Standing (6002) 1,950.00$

CE Approval Reg (6003) 425.00$

CE Approval Less than 30 days Prior (6004) 500.00$

3,830.90$

Peer Assistance Program

APPN 13006 Peer Assistance Fee Veterinary (2xx6) 7,972.75$

7,972.75$

Texas.gov Online Services

APPN 13007 Texas.gov Fee Equine Dentist (1xx7) 23.00$

Licensed Vet Tech (8xx7) 668.00$

Veterinary (2xx7) 7,488.00$

8,179.00$

Prescription Monitoring Program

APPN 90515 Prescription Monitoring (3554) Prescription Monitoring Program 13,588.35$

13,588.35$

State General Revenue

APPN 99906 Application Fees (3175)

Equine Dentist (1211) -$

License Vet Tech (8211) 1,800.00$

Veterinary (2x11,23x1,26x1,27x1) 22,265.00$

24,065.00$

Fees Total

Agency Appr Receipts Total

Texas.gov Fee Total

Application Fees Total

Peer Assistance Total

FY2017


Total Revenue Collected for FY 2018 through November 21, 2017

Board Fees (3175) Equine Dentist (1xx1) 658.50$

License Vet Tech (8xx1) 11,518.75$


298,724.15$

Late Fees (3175) Equine Dentist (1xx2) 90.00$

Licensed Vet Tech (8xx2) 975.00$


14,115.00$

Other Fees (3175) DVM Texas.gov Fees (2237) 5.00$

LVT Texas.gov Fees (8247,8127) -$

Overpayments (3000) 312.00$

Criminal History Fee (5801) -$

Return Check Fee (6000) -$

317.00$

Admin Penalty (3770) Admin Penalty (7000) 4,500.00$

4,500.00$

341,721.15$

Grand Total 375,292.15$

State General Revenue Total

Admin Penalty Total

Other Fees Total

Board Fees Total

Late Fees Total

FY2017

AGENDA ITEM 4

TAB 4

CONSIDERATION AND APPROVAL OF AGREED ORDERS

Are there any Agreed Orders that need to be pulled for discussion? If yes:

I move that we go into Executive Session for private consultation and advice of counsel concerning pending or contemplated litigation, including administrative proceedings, or settlement offer and/or possible disciplinary action under the authority of the Open Meetings Act, GOVERNMENT CODE, §551.071; OCCUPATIONS CODE §801.407(d); and Attorney General's Opinion No. H-484.

RETURN TO OPEN SESSION STATEMENT:

There was no final action, decision, or vote with regard to any matter considered or discussed in executive session. The executive session ended at (____) on (____). A certified agenda of the executive session was made.

Motion to approve all orders:

I move that we approve all Agreed Orders as presented. Motion regarding orders that were pulled and not approved as a group:

I move that we do not approve Agreed Order(s) and direct staff to .

Is there a Second? Is there any discussion? All in favor, say aye. All opposed, say nay.

Standard of Care Orders

Failure to Report Criminal Activity Orders

AGENDA ITEM 5

TAB 5

Discussion, recommendation and possible action regarding adoption of proposed Board Rule amendment

1. 577.15. Fees (Amendment)

I move that we adopt the proposed amendment as presented and direct staff to publish the adopted preamble and amendment in the Texas Register in accordance with the Administrative Procedure Act.

I move that we adopt the proposed amendment with corrections as

discussed and direct staff to publish the adopted preamble and amendment in the Texas Register in accordance with the Administrative Procedure Act.

I move that we reject the proposed amendment and send this back to staff

for further consideration.

Is there a Second? Is there any discussion? All in favor, say aye. All opposed, say nay.

RULE §577.15 Fee Schedule. The Texas Board of Veterinary Medical Examiners has established the following fixed fees as reasonable and necessary for the administration of its functions. Other variable fees exist, including but not limited to costs as described in §575.10 of this title (relating to Costs of Administrative Hearings), and are not included in this schedule.

Figure: 22 TAC §577.15

(a) APPLICATION FOR INITIAL LICENSE

Type of License Application Total Fee Veterinary Regular License $515 Veterinary Special License $575 Veterinary Provisional License $600 Veterinary Temporary License $200 Equine Dental Provider License $100 Veterinary Technician License $50

(b) LICENSE RENEWALS.

(1) Current License Renewals

Type Of License Board Fees Veterinary Regular License $172.10 195.00 Veterinary Special License $187.10 209.00 Veterinary Inactive License $107.25 109.00 Equine Dental Provider License $68 83.00 Equine Dental Provider Inactive License

$56

Veterinary Technician Regular License

$37 50.00

Veterinary Technician Inactive License

$26

(2) Expired License Renewals – Less Than 90 Days Delinquent

Type Of License Board Fees Veterinary Regular License $249.60 280.00 Veterinary Special License $274.60 296.50 Veterinary Inactive License $158.25 160.00 Equine Dental Provider License $99.50 124.00 Equine Dental Provider Inactive License

$81.50


$53 75.00


$36.50

(3) Expired License Renewals – Greater Than 90 Days and Less Than 1 Year Delinquent

Type Of License Board Fees Veterinary Regular License $327.10 364.00 Veterinary Special License $362.10 384.00 Veterinary Inactive License $209.25 211.00 Equine Dental Provider License $131 164.00 Equine Dental Provider Inactive License

$107


$69 99.00


$47

(c) SPECIALIZED LICENSE CATEGORIES

Type Of License Total Fee Veterinary Reinstatement $250 Veterinary Re-Activation $150 Equine Dental Provider Re-Activation

$25

Veterinary Technician Re-Activation $25

(d) OTHER FIXED FEES AND CHARGES

(1) Criminal History Evaluation Letter: $32 (2) Returned Check Fee: $25 (3) Duplication of License: $40 (4) Letter of Good Standing: $25 (5) Continuing Education Approval Review Process: $25 (6) Continuing Education Approval Review submitted less than 30 days prior to the continuing education event: $50 (7) Equine Dental Certification approval review process: $1,500

AGENDA ITEM 6

TAB 6

COMMITTEE APPOINTMENTS

a. Executive Committee b. Enforcement Committee c. Licensing Committee d. Finance Committee e. Advisory Committees 1. Equine Dental Provider Advisory Committee 2. Licensed Veterinary Technician Advisory Committee

AGENDA ITEM 7

TAB 7 Discussion, recommendation and possible action regarding future Board Meeting dates (Dr. Quillivan)

AGENDA ITEM 8

TAB 8

Discussion of possible agenda items for future Board Meetings. (Dr. Quillivan)

AGENDA ITEM 9

TAB 9

CITIZEN COMMENTS (Dr. Quillivan)

If there is anyone in the audience who wishes to address the Board and has not completed one of the Witness Cards, please do so at this time. Individuals wishing to comment on the rules to be adopted will be recognized during the time the rules are addressed. The Board will now recognize _________________, please limit your

comments to 3 minutes.

TAB 1TAB 2Minutes of 10-10-2017 Board Meeting

TAB 3TAB 3.1Exec. Dir. Report

TAB 3.2TAB 3.3TAB 3.4Budget Report

TAB 3.5Revenue Report

TAB 4Standard of Care Orders2017-1022017-1572017-182017-1942017-193

Controlled Substance Recordkeeping Orders2017-018

Failure to Report Ciminal Activity Orders2017-111

TAB 5577.15 Fee Schedule

TAB 6TAB 7TAB 8TAB 9

TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS...2017-074 Edward Mapes, DVM CP16-406 Recusals:...

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