(a) The process to establish a new equine dental provider certification program shall be initiated with the Board one year prior to the anticipated start date of the certification program.
(b) An organization that educates equine dental providers cannot own or control an equine dental provider certification program.
(c) The individual writing the application for board approval of an equine dental provider certification program should hold a current license to practice as an equine dental provider in Texas.
  (1) The name and credentials of the author of the application should be included in the document.
  (2) A qualified director must be employed by the program early in the application process, and in no event shall a director be hired later than six (6) months prior to the submission of the application to the Board. The director shall:
    (A) hold a current license to practice equine dentistry or veterinary medicine in Texas; and
    (B) have a minimum of ten (10) years experience as a practicing equine dental provider.
  (3) The program director must review/revise the application and agree with the components of the application as being representative of the proposed certification program that the individual will be responsible for administratively.
  (4) If the program director changes, the director shall submit to the Board written notification of the change indicating the final date of employment, and identifying and providing information about the qualifications of a replacement director.
  (5) The director shall have authority to direct the equine dental provider certification program in all its aspects and phases, including approving staff, selection of testing sites, facilities and equipment, application processes, rejection of applicants, and enforcement of policies.
  (6) The director shall notify the Board immediately when there is a change in the name of the certification program or the governing organization, or when there are changes in the contact information.
(d) The application shall include the following information documenting written policies on the following required elements for a board-approved equine dental provider certification program:
  (1) Documentation of financial stability, including but not limited to information on ownership, sources and amounts of financial resources and support for the first two years of operation, financial audit, and budget for the program.
  (2) Policies on examiners, including but not limited to qualifications, responsibilities, performance evaluation criteria, and terms of employment.
    (A) An equine dental provider certification program shall employ examiners in sufficient numbers and with the training and expertise necessary to evaluate accurately the skill and knowledge of applicants for equine dental provider licensure.
    (B) All examiners must hold active Texas veterinary licenses or equine dental provider licenses.
    (C) All examiners must have at least five (5) years of experience working as an equine dental provider.
    (D) All examiners must be evaluated annually by the program director.
  (3) Position descriptions for the director and examiners outlining their job duties and responsibilities.
  (4) Requirements for examiner training, plans for examiner development and requirements for examiner continuing education.
  (5) Requirements for certification, including but not limited to:
    (A) Prerequisites for certification.
    (B) Testing to prove competency in at least the following topic areas:
      (i) Equine anatomy;
      (ii) Harm and potential side effects of equine dentistry;
      (iii) Sterilization and disease control;
      (iv) Legal limits of equine dental provider practice, including supervision by a veterinarian.
  (6) Document creation, retention, and safe storage guidelines to maintain in the official program files for five (5) years the following documents:
    (A) Documentation of examiner qualifications and examiner employment;
    (B) Application records for each applicant seeking certification;
    (C) Examination records for each applicant seeking certification;
    (D) Certification records for each equine dental provider certified; and
    (E) Examination materials, including copies of all test questions or areas of examination, and answer keys or grading criteria, for all examinations given, whether written and practical.
(e) After reviewing the application, board staff may request additional information or may issue recommendations. The organization seeking approval shall provide all additional requested information and respond to all recommendations before the application is eligible for consideration by the Board.
(f) After the application is submitted and board staff has determined that the application is complete, a survey visit may be conducted by a board representative prior to presentation to the Board. Additional survey visits may be conducted as necessary by board representatives until the Board grants full approval status. Following the survey visits, the organization seeking approval will be given a list of identified deficiencies and a specified time in which to correct the deficiencies. If the organization seeking approval fails to correct the identified deficiencies within the specified time, the application will be presented to the Board with the uncorrected deficiencies noted.
(g) The application shall be considered by the Board at a regularly scheduled meeting of the Board. The Board may approve the application and grant approval to the certification program, may defer action on the application, or may deny further consideration of the application. In order to ensure success of newly approved certification programs, the Board may, in its discretion, impose any restrictions or conditions it deems appropriate and necessary.
(h) When the application is submitted, a fee shall be assessed in accordance with §577.15 of this title (relating to Fee Schedule).
(i) An application without action for one (1) calendar year shall be inactivated and a new application and fee will be required.
(j) If the Board denies an application, the organization seeking approval of a certification program must wait a minimum of twelve (12) calendar months from the date of the denial before submitting a new proposal to establish an equine dental provider certification program.
(k) The director of the board-approved equine dental provider certification program shall notify the Board in writing of an intent to transfer the administrative authority of the program.
(l) Closing a board-approved equine dental provider certification program.
  (1) When the decision to close a board-approved equine dental provider certification program is made, the director must notify the Board by submitting a written plan for closure which includes:
    (A) reason for closing the program;
    (B) date of intended closure; and
    (C) provisions made for access to and safe storage of records, including application, test and certification records for all individuals certified by the organization.
  (2) A board-approved equine dental provider certification program will be deemed closed when the program has not certified any equine dental providers for a period of two (2) years.
(m) Factors Jeopardizing Certification Program Approval Status.
  (1) When a certification program demonstrates non-compliance with Board requirements, approval may be withdrawn, or the Board, in its discretion, may impose restrictions or conditions as it deems appropriate and necessary. In addition to imposing restrictions or conditions, the Board may also require monitoring of the program.
  (2) A change in approval status, requirements for restrictions or conditions, or a monitoring plan may be issued by the Board for any of the following reasons:
    (A) Deficiencies in compliance with the board rules;
    (B) Non-compliance with the certification program's stated philosophy/mission, program design, objectives/outcomes, and/or policies;
    (C) Failure to submit records and reports to the Board within designated time frames;
    (D) Failure to comply with board requirements or to respond to board recommendations within the specified time;
    (E) Accepting applications for certification or certifying equine dental providers without resources to support the program, including sufficient qualified examiners, and adequate testing facilities;
    (F) Other activities or situations that demonstrate to the Board that a program is not meeting requirements.
  (3) A program from which approval has been withdrawn may reapply for approval. A new application may not be submitted to the Board until after at least twelve (12) calendar months from the date of withdrawal of approval have elapsed.
  (4) Notice of a program's approval status shall be sent to the director of the program.

Source Note: The provisions of this §575.63 adopted to be effective December 23, 2013, 38 TexReg 9366