Did the Veterinary Medical Examiners Board have to waive its examination for a veterinarian licensed in a state with substantially equivalent requirements?
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This page answers the general question as of 1983. Ezel answers yours: what it means for your facts, under current Texas law, with citations.
Texas AG Opinion JM-46: Out-of-State Veterinary License Waivers
Plain-English summary
JM-46 concluded that the Texas Board of Veterinary Medical Examiners did not have to waive its qualifying examination for an applicant licensed in another state, even when that state's requirements were substantially equivalent and the applicant otherwise satisfied Texas requirements.
"We answer your first question in the negative."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0046.pdf"Section 10(b) of article 7465a, V.T.C.S., does not require the Board of Veterinary Medical Examiners to exempt from its examination requirement applicants with a license issued by another state who 'otherwise qualify' for a Texas license under section 10(a) thereof."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0046.pdf
The statutory word "may" gave permission and discretion rather than imposing a command. Legislative history likewise described the provision as authority to adopt reciprocal licensing, not a mandate.
"Section 10(b) is couched in permissive terms. It provides that the board 'may' waive any license requirement in certain instances, not that it 'must' do so."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0046.pdf"[Section 10(b)] authorizes the board to adopt a system of out of state licensing having license requirements substantially equivalent to those in Texas, a reciprocal type of situation."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0046.pdf
The board could decide that its examination was the best way to establish competence in Texas, including familiarity with animals or diseases peculiar to the state. When processing a possible reciprocal application, it could consider any reasonable factors relevant to competence.
"The board may well conclude, as it apparently has, that a qualifying examination affords the best way to make this determination."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0046.pdf"[T]he board may consider any reasonable factors it deems relevant to the determination of whether the applicant is competent to practice veterinary medicine in Texas."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0046.pdf
Currency note
This opinion was issued in 1983. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Common questions
What qualifications applied to a new Texas veterinary applicant?
The applicant had to reach majority, graduate from an approved reputable veterinary school, pass the board examination, and avoid a statutory ground for refusal.
"Any person not previously licensed in this State is qualified to be licensed, provided: (1) he has attained the age of majority; (2) he is a graduate of a reputable school or college of veterinary medicine as approved by the Board; (3) he successfully completes the examination conducted by the Board; and (4) the Board does not refuse issuance of the license as provided in Section 14."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0046.pdf
What did section 10(b) authorize?
It allowed the board to waive any license requirement for an applicant holding a valid license from a state with substantially equivalent requirements.
"The Board may waive any license requirement for an applicant with a valid license from another state having license requirements substantially equivalent to those of this State."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0046.pdf
Did "may" mean "must" here?
No. Nothing in the statutory text or legislative history showed an intent to convert permission into a mandatory duty.
"'May' is not generally construed as a word of command."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0046.pdf"The scant legislative history of section 10(b), however, discloses no such intent."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0046.pdf
Could the board require every applicant to take its exam?
Yes. Section 10(b) did not require an exemption for an otherwise qualified out-of-state license holder.
"On its face, therefore, section 10(b) does not require the board to waive any particular requirement for any particular applicant."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0046.pdf
Why might an applicant with an equivalent-state license still be unqualified?
The applicant could lack familiarity with diseases or animals peculiar to Texas.
"An applicant could possess a license issued by such a state, satisfy the three license requirements enumerated above, and still not be competent to practice in Texas. The applicant could, for example, be unfamiliar with diseases or animals peculiar to Texas."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0046.pdf
Could the board adopt reciprocal licensing?
Yes. The provision authorized the board to work with substantially equivalent states to structure a reciprocal system.
"[S]ection 10(b) merely authorizes the board to work with states with 'substantially equivalent' licensing requirements to structure a reciprocal licensing system."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0046.pdf
What competence factors could the board consider?
Any reasonable factors it deemed relevant, subject to requirements of whatever reciprocal system it created.
"Depending upon the requirements of any reciprocal licensing system that may be created, we believe that the board is free to consider any reasonable factors it deems relevant in making this determination."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0046.pdf
Background and statutory framework
The Board said it currently required every applicant for a Texas veterinary license to pass a qualifying examination.
"We understand that the board currently requires all applicants for a license to practice veterinary medicine in Texas to pass a qualifying examination."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0046.pdf
The request treated an applicant as "otherwise qualified" when the applicant met the age, veterinary-school, and no-refusal requirements, leaving only the examination at issue.
"We understand that by 'otherwise qualify,' you mean that the applicant satisfies the license requirements of subsections (a)(1), (a)(2), and (a)(4) of section 10."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0046.pdf
Holding
"Section 10(b) of article 7465a, V.T.C.S., does not require the Board of Veterinary Medical Examiners to exempt from its examination requirement applicants with a license issued by another state who 'otherwise qualify' for a Texas license under section 10(a) thereof. In processing an application for licensure under section 10(b), the board may consider any reasonable factors it deems relevant to the determination of whether the applicant is competent to practice veterinary medicine in Texas."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0046.pdf
Citations and references
Statutes discussed by JM-46:
- "article 7465a, V.T.C.S." Official PDF
- "section 10(a) of article 7465a, V.T.C.S." Official PDF
- "section 10(b) of article 7465a, V.T.C.S." Official PDF
- "section 14 of article 7465a, V.T.C.S." Official PDF
- "Senate Bill No. 232, 67th Legislature" Official PDF
Cases cited by JM-46:
- "Thomas v. Groebl, 212 S.W.2d 625, 630 (Tex. 1948)" Official PDF
- "National Surety Corporation v. Ladd, 115 S.W.2d 600, 602 (Tex. 1938)" Official PDF
Source
- Landing page: https://www.texasattorneygeneral.gov/opinions/jim-mattox/jm-0046
- Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0046.pdf
Original opinion text
Best-effort transcription from a scanned PDF. Minor errors may remain. The linked PDF is authoritative.
The Attorney General of Texas
JIM MATTOX
Attorney General
July 25, 1983
Mr. Roger D. Shipman
Executive Secretary
Texas Board of Veterinary Medical Examiners
3810 Medical Parkway, Suite 119
Austin, Texas 78756
Opinion No. JM-46
Re: Construction of article 7465a, V.T.C.S., the Veterinary Practice Act
Dear Mr. Shipman:
You have asked two questions concerning section 10 of article 7465a, V.T.C.S., of the Veterinary Licensing Act. As amended in 1981, this section provides:
(a) Any person not previously licensed in this State is qualified to be licensed, provided:
(1) he has attained the age of majority;
(2) he is a graduate of a reputable school or college of veterinary medicine as approved by the Board [of Veterinary Medical Examiners];
(3) he successfully completes the examination conducted by the Board; and
(4) the Board does not refuse issuance of the license as provided in Section 14 (Refusing Examination, License or Renewal).
(b) The Board may waive any license requirement for an applicant with a valid license from another state having license requirements substantially equivalent to those of this State.
You ask:
Under [section 10(b)], is it mandatory for the board to grant licenses to out of state veterinarians without successful completion of the examination if they otherwise qualify? Also, what may the board consider when processing an application for licensure under this provision?
We answer your first question in the negative. We understand that the board currently requires all applicants for a license to practice veterinary medicine in Texas to pass a qualifying examination. Your first question, therefore, may be restated as follows: If an applicant for a Texas license received a license in another state that, in the board's opinion, has license requirements "substantially equivalent to those of this state," and if the applicant "otherwise qualif[ies]" for a Texas license, must the board exempt him from its examination requirement? We understand that by "otherwise qualify," you mean that the applicant satisfies the license requirements of subsections (a)(1), (a)(2), and (a)(4) of section 10.
Section 10(b) is couched in permissive terms. It provides that the board "may" waive any license requirement in certain instances, not that it "must" do so. "May" is not generally construed as a word of command. Cf. Thomas v. Groebl, 212 S.W.2d 625, 630 (Tex. 1948). On its face, therefore, section 10(b) does not require the board to waive any particular requirement for any particular applicant.
"May" should be interpreted as "must," of course, when it is apparent that this interpretation was intended by the legislature. National Surety Corporation v. Ladd, 115 S.W.2d 600, 602 (Tex. 1938). The scant legislative history of section 10(b), however, discloses no such intent. On the contrary, to the extent that this history, which consists of a statement concerning section 10(b) made by its author during a committee meeting, suggests anything regarding the legislature's intent, it suggests that the section should be construed, not as a command, but simply as a grant of authority. This statement is as follows:
[Section 10(b)] authorizes the board to adopt a system of out of state licensing having license requirements substantially equivalent to those in Texas, a reciprocal type of situation. (Emphasis added).
Tape of State Affairs Committee hearing on Senate Bill No. 232, held on February 23, 1981. A statement indicating that the author's intent was to authorize the board to adopt a reciprocal licensing system if it wishes to do so cannot, in our opinion, reasonably be construed as evidence of an intent to require the board to do so.
To answer your question in the affirmative, moreover, we would have to conclude that the legislature intended that applicants who possess a valid license issued by a state with "substantially equivalent" licensing requirements and who satisfy the requirements of subsections (a)(1), (a)(2), and (a)(4) of section 10 must, as a matter of law, be deemed competent to practice veterinary medicine in Texas. We do not believe that this was the legislature's intent. An applicant could possess a license issued by such a state, satisfy the three license requirements enumerated above, and still not be competent to practice in Texas. The applicant could, for example, be unfamiliar with diseases or animals peculiar to Texas. In our opinion, the legislature did not intend to compel the board to issue a license to an out-of-state applicant until the board determines to its own satisfaction that the applicant is competent to practice in this state. The board may well conclude, as it apparently has, that a qualifying examination affords the best way to make this determination.
We therefore conclude that section 10(b) merely authorizes the board to work with states with "substantially equivalent" licensing requirements to structure a reciprocal licensing system. It does not require the board automatically to exempt from its examination requirement applicants who possess a license issued by such a state and satisfy the requirements of section 10(a)(1), (a)(2), and (a)(4). We therefore answer your first question in the negative.
In answer to your second question, we are aware of no express or implied parameters within which the board must operate when determining whether an out-of-state applicant is competent to practice veterinary medicine in this state. Depending upon the requirements of any reciprocal licensing system that may be created, we believe that the board is free to consider any reasonable factors it deems relevant in making this determination.
SUMMARY
Section 10(b) of article 7465a, V.T.C.S., does not require the Board of Veterinary Medical Examiners to exempt from its examination requirement applicants with a license issued by another state who "otherwise qualify" for a Texas license under section 10(a) thereof. In processing an application for licensure under section 10(b), the board may consider any reasonable factors it deems relevant to the determination of whether the applicant is competent to practice veterinary medicine in Texas.
Very truly yours,
JIM MATTOX
Attorney General of Texas
TOM GREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
Prepared by Jon Bible
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Acting Chairman
Jon Bible
Colin Carl
Patricia Hinojosa
Jim Moellinger
Nancy Sutton
Bruce Youngblood
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