The
Texas Attorney General
frequently rules on open records requests received by the Texas Board
of Veterinary Medical Examiners. The board frequently seeks to withhold
information from requestors and the Texas Attorney General's office
generally rubber stamps the board's behavior. This is a disservice to
the people of Texas perpetuated by our state government. Included here in one place for your view are Open Records Decisions, AG Opinions, Letter Opinions, and Letter Rulings. These rulings paint a picture of both entities through the years and patterns are revealed upon closer examination. |
1955 |
DATE | RULING TYPE | DOCUMENT CODE | VIEW DOCUMENT | AG'S REP | VET BOARD'S REP | COMMENTS |
08/15/1955 | Letter Opinion | MS-231 | click here | John
Ben Shepperd Attorney General |
W.
L. Weaver Executive Secretary |
. |
1965 |
DATE | RULING TYPE | DOCUMENT CODE | VIEW DOCUMENT | AG'S REP | VET BOARD'S REP | COMMENTS |
01/27/1965 | Letter Opinion | C-334 | click here | Waggoner
Carr Attorney General |
Horace
T. Barron President |
. |
1983 |
DATE | RULING TYPE | DOCUMENT CODE | VIEW DOCUMENT | AG'S REP | VET BOARD'S REP | COMMENTS |
07/25/1983 | AG Opinion | JM-46 | click here | Jim
Mattox Attorney General |
Roger
D. Shipman Executive Secretary |
. |
1985 |
DATE | RULING TYPE | DOCUMENT CODE | VIEW DOCUMENT | AG'S REP | VET BOARD'S REP | COMMENTS |
08/13/1985 | AG Opinion | JM-339 | click here | Jim
Mattox Attorney General |
Roger
D. Shipman Executive Secretary |
Whether
an individual
who performs veterinary services for a governmental agency must be
licensed under article 7465a. V.T.C.S. |
1986 |
DATE | RULING TYPE | DOCUMENT CODE | VIEW DOCUMENT | AG'S REP | VET BOARD'S REP | COMMENTS |
02/13/1986 | AG Opinion | JM-426 | click here | Jim
Mattox Attorney General |
Roger
D. Shipman Executive Secretary |
Per diem for members of the Board of Veterinary Medical Examiners |
1987 |
DATE | RULING TYPE | DOCUMENT CODE | VIEW DOCUMENT | AG'S REP | VET BOARD'S REP | COMMENTS |
03/23/1987 | AG Opinion | JM-656 | click here | Jim
Mattox Attorney General |
Donald
B. Wilson Executive Secretary |
Whether
a rule of the
Texas Board of Veterinary Medical Examiners conflicts with a municipal
regulation enacted under the authority of the Rabies Control Act, article 4477-6a. V.T.C.S. |
1990 |
DATE | RULING TYPE | DOCUMENT CODE | VIEW DOCUMENT | AG'S REP | VET BOARD'S REP | COMMENTS |
12/28/1990 | Letter Opinion | LO-90-109 | click here | Susan
Garrison Asst. Attorney General |
Donald
B. Wilson Executive Director |
Ellis Gilleland's problems with the board began around this time. Mr. Gilleland was a regular attendee at board meetings for the next 18 years until 2008 when he suddenly stopped attending. This is the first recorded instance of the board denying a request for copies of the investigation record of a complaint. Mr. Gilleland was the complainant in this case, NOT just a member of the general public. |
1991 |
DATE | RULING TYPE | DOCUMENT CODE | VIEW DOCUMENT | AG'S REP | VET BOARD'S REP | COMMENTS |
09/25/1991 | Letter Ruling | OR 91-439 | click here | Sarah
Woelk Asst. Attorney General |
Buddy
Matthijetz Executive Director |
Ellis Gilleland WINS a round with the vet board! This is a RARE event where the AG rules the board MUST release records relating to a vet student disciplinary incident |
1992 |
DATE | RULING TYPE | DOCUMENT CODE | VIEW DOCUMENT | AG'S REP | VET BOARD'S REP | COMMENTS |
06/01/1992 | Letter Ruling | OR 92-284 | click here | Rick
Gilpin Asst. Attorney General |
Christopher
Maczka Legal Counsel |
Ruling makes mention of a non-confidential information file that is to be kept on each complaint filed, in addition to the confidential investigation file. Board maintained they only had one file per complaint - the confidential investigation file. The board eventually changed the rules to only include the one file - the confidential investigation file. The reasons for this are obvious as the years pass by. |
1993 |
DATE | RULING TYPE | DOCUMENT CODE | VIEW DOCUMENT | AG'S REP | VET BOARD'S REP | COMMENTS |
06/28/1993 | Letter Ruling | OR 93-364 | click here | Mary
R.
Crouter Asst. Attorney General |
Christopher
Maczka Legal Counsel |
Investigation records withheld from licensee's attorney regarding previous complaints due to pending litigation on new complaint that includes information from the prior complaints. |
06/28/1993 | Letter Ruling | OR 93-369 | click here | Mary
R.
Crouter Asst. Attorney General |
Buddy
Matthijetz Executive Director |
"Section
3B of the
Open Records Act provides that the person to whom confidential
information relates or his or her authorized representative has a
special right of access to such confidential information. Consent for the release of information excepted from disclosure to the general public but available to a speciftc person under [section 3B(a)] must be in writing and signed by the specific person or the person’s authorized representative.” - Whatever happened to this rule? The board and the AG have combined over the years to make complaint investigation information impossible to receive - even for the parties to the complaint., |
12/30/1993 | Letter Ruling | OR 93-125 | click here | Rebecca
L. Payne Section Chief |
Christopher
Maczka Legal Counsel |
Investigation records must be withheld. |
1995 |
DATE | RULING TYPE | DOCUMENT CODE | VIEW DOCUMENT | AG'S REP | VET BOARD'S REP | COMMENTS |
06/29/1995 | Letter Opinion | 95-044 | click here | Susan
Garrison Asst. Attorney General |
Ron
Allen Executive Director |
Re: Whether the Texas State Board of Veterinary Medical Examiners is authorized to collect a $200.00 professional fee in addition to examination and licensing fees and related questions. |
12/11/1995 | Letter Ruling | OR 95-1388 | click here | Todd
Reese Asst. Attorney General |
Ron
Allen Executive Director |
The board “considers the inspection reports written by its investigators as part of its investigation files and records.” The board considers investigation files as confidential and will not disclose them. |
1996 |
DATE | RULING TYPE | DOCUMENT CODE | VIEW DOCUMENT | AG'S REP | VET BOARD'S REP | COMMENTS |
05/21/1996 | Letter Ruling | OR 96-0754 | click here | Karen
E. Hattaway Asst. Attorney General |
Ron
Allen Executive Director |
Board denies complainant access to investigation records for usual reasons. Non-confidential information file is again mentioned by AG's office. |
07/31/1996 | Letter Ruling | OR 96-1349 | click here | Loretta
R. DeHay Asst. Attorney General |
Ron
Allen Executive Director |
The end of non-confidential information files. Mr. Gilleland lost an appeal in which the board used for this request to deny release of status reports to complainant. |
1998 |
DATE | RULING TYPE | DOCUMENT CODE | VIEW DOCUMENT | AG'S REP | VET BOARD'S REP | COMMENTS |
12/22/1998 | AG Opinion | DM-498 | click here | Dan
Morales Attorney General |
Ron
Allen Executive Director |
Whether
business
arrangements between corporations and practicing veterinarians constitute the practice of veterinary medicine, and related questions. |
2000 |
DATE | RULING TYPE | DOCUMENT CODE | VIEW DOCUMENT | AG'S REP | VET BOARD'S REP | COMMENTS |
08/02/2000 | Letter Ruling | OR 2000-2924 | click here | Carla
Gay Dickson Asst. Attorney General |
Ron
Allen Executive Director |
Board denies access to investigation records to attorney of licensees involved in complaint |
2001 |
DATE | RULING TYPE | DOCUMENT CODE | VIEW DOCUMENT | AG'S REP | VET BOARD'S REP | COMMENTS |
10/03/2001 | AG Opinion | JC-0421 | click here | John
Cornyn Attorney General |
Ron
Allen Executive Director |
Whether a veterinarian may refuse to return an animal if its owner is unable or unwilling to pay for the veterinary medical services rendered; and related questions. |
2003 |
DATE | RULING TYPE | DOCUMENT CODE | VIEW DOCUMENT | AG'S REP | VET BOARD'S REP | COMMENTS |
07/17/2003 | Letter Ruling | OR 2003-4969 | click here | Karen
Hattaway Asst. Attorney General |
Ron
Allen Executive Director |
Board withholds personal email addresses of employees and licensees. |
2006 |
DATE | RULING TYPE | DOCUMENT CODE | VIEW DOCUMENT | AG'S REP | VET BOARD'S REP | COMMENTS |
09/08/2006 | Letter Ruling | OR 2006-10465 | click here | James
W. Morris III Asst. Attorney General |
Ron
Allen Executive Director |
Board denies access to investigation records of complaints for request made by reporter. |
2007 |
DATE | RULING TYPE | DOCUMENT CODE | VIEW DOCUMENT | AG'S REP | VET BOARD'S REP | COMMENTS |
01/29/2007 | Letter Ruling | OR 2007-00985 | click here | L.
Joseph James Asst. Attorney General |
Dewey
E. Helmcamp III Executive Director |
Complainant denied copy of licensee's response to complaint. Deemed confidential investigation record of board. |
03/28/2007 | Letter Ruling | OR 2007-03449 | click here | James
W. Morris III Asst. Attorney General |
Dewey
E. Helmcamp III Executive Director |
Requestor denied copies of investigation records of board relating to a complaint of the practice of veterinary medicine without a license. |
05/10/2007 | AG Opinion | GA-0547 | click here | Greg
Abbott Attorney General |
Dewey
E. Helmcamp III Executive Director |
Validity of a rule adopted by the Texas Board of Veterinary Medical Examiners that prohibits a Board licensee from dispensing any controlled substance unless the licensee is registered with the Texas Department of Public Safety. |
08/16/2007 | Letter Ruling | OR 2007-10543 | click here | Loan
Hong-Turney Asst. Attorney General |
Dewey
E. Helmcamp III Executive Director |
Board required to release log of complainants who were sent a complaint form but have yet to file a complaint. |
09/19/2007 | Letter Ruling | OR 2007-12204 | click here | Justin
D. Gordon Asst. Attorney General |
Dewey
E. Helmcamp III Executive Director |
Reporter submitted 2 requests for 16 categories of information related to equine dentistry. One category was deemed confidential and not released. |
09/28/2007 | Letter Ruling | OR 2007-12673 | click here | Chanita
Chantaplin-McLelland Asst. Attorney General |
Dewey
E. Helmcamp III Executive Director |
Board denies access to witness statements to attorney of licensee involved in complaint. |
12/13/2007 | Letter Ruling | OR 2007-16456 | click here | Melanie
J. Villars Asst. Attorney General |
Dewey
E. Helmcamp III Executive Director |
Board required to release log of complainants who were sent a complaint form but have yet to file a complaint. |
2008 |
DATE | RULING TYPE | DOCUMENT CODE | VIEW DOCUMENT | AG'S REP | VET BOARD'S REP | COMMENTS |
03/19/2008 | Letter Ruling | OR 2008-03639 | click here | Allan
D. Meesey Asst. Attorney General |
Dewey
E. Helmcamp III Executive Director |
Board denies access to photographs to requestor as photographs were part of confidential investigative file. |
03/24/2008 | Letter Ruling | OR 2008-03813 | click here | Chris
Schulz Asst. Attorney General |
Dewey
E. Helmcamp III Executive Director |
Board denies access to requestor of investigation file of complaint as it is deemed confidential. |
03/24/2008 | Letter Ruling | OR 2008-03815 | click here | Nancy
E. Griffiths Asst. Attorney General |
Dewey
E. Helmcamp III Executive Director |
Board denies access to investigation records to attorney of licensee involved in complaint. We note that the board did provide some documents to the licensee's attorney. Isn't the ENTIRE file confidential? If this were the complainant requesting the information, NOTHING would have been provided. Yet another example of the double standard maintained by this board. |
04/09/2008 | Letter Ruling | OR 2008-04740 | click here | Loan
Hong-Turney Asst. Attorney General |
Dewey
E. Helmcamp III Executive Director |
Board seeks to withhold from complainant the names of the reviewing veterinarians involved with her complaint. AG rules that board must release the names to complainant. Complainant never receives responsive information from the board. See complainant's website. |
04/14/2008 | Letter Ruling | OR 2008-04905 | click here | Bill
Longley Asst. Attorney General |
Dewey
E. Helmcamp III Executive Director |
Board denies access to requestor of investigation file of complaint as it is deemed confidential. |
04/22/2008 | Letter Ruling | OR 2008-05273 | click here | Jessica
J. Maloney Asst. Attorney General |
Dewey
E. Helmcamp III Executive Director |
Board seeks to withhold from complainant the names of the reviewing veterinarians involved with her complaint. After ruling 13 days prior in a similar request by a different complainant that the board must release the names of the reviewing vets, the AG's office instructs the board to withhold the same type of information in this ruling. Does ANYBODY in Austin know what they are doing? |
06/27/2008 | Letter Ruling | OR 2008-08726 | click here | Lauren
E. Kleine Asst. Attorney General |
Dewey
E. Helmcamp III Executive Director |
Board denies access to complainant to investigation file of complaint as it is deemed confidential. |
06/30/2008 | Letter Ruling | OR 2008-08771 | click here | Cindy
Nettles Asst. Attorney General |
Dewey
E. Helmcamp III Executive Director |
Board denies access to complainant to investigation file of complaint as it is deemed confidential. |
08/12/2008 | Letter Ruling | OR 2008-10987 | click here | Bill
Dobie Asst. Attorney General |
Dewey
E. Helmcamp III Executive Director |
Board required to release log of complainants who were sent a complaint form but have yet to file a complaint. |
08/12/2008 | Letter Ruling | OR 2008-10990 | click here | Justin
D. Gordon Asst. Attorney General |
Dewey
E. Helmcamp III Executive Director |
Board denies access to investigation records to attorney of licensee involved in complaint. We note that the board did provide some documents to the licensee's attorney. Isn't the ENTIRE file confidential? If this were the complainant requesting the information, NOTHING would have been provided. Yet another example of the double standard maintained by this board. |
09/22/2008 | Letter Ruling | OR 2008-12977 | click here | James
W. Morris III Asst. Attorney General |
Dewey
E. Helmcamp III Executive Director |
Board required to release log of complainants who were sent a complaint form but have yet to file a complaint. Note this was our fourth request for the complaint log. After already being told to release similar information THREE TIMES (difference being the dates requested), the board still chose to withhold the information until this ruling came down. The board, showing its true colors, chose to eliminate the complaint log completely so as not to have to provide this information ever again, since these rulings were not going their way. Shameful conduct by the board, yet par for the course for those of us dealing with them. |
09/26/2008 | Letter Ruling | OR 2008-13249 | click here | Christina
Alvarado Asst. Attorney General |
Dewey
E. Helmcamp III Executive Director |
Board denies access to requestor of investigation files of complaints as it is deemed confidential. |
2009 |
DATE | RULING TYPE | DOCUMENT CODE | VIEW DOCUMENT | AG'S REP | VET BOARD'S REP | COMMENTS |
02/04/2009 | Letter Ruling | OR 2009-01465 | click here | Chris
Schulz Asst. Attorney General |
Dewey
E. Helmcamp III Executive Director |
Board denies access to requestor of investigation files of complaints as it is deemed confidential. |
02/24/2009 | Letter Ruling | OR 2009-02402 | click here | Tamara
Wilcox Asst. Attorney General |
Dewey
E. Helmcamp III Executive Director |
Board denies access to requestor of investigation files of complaints as it is deemed confidential. |
04/22/2009 | Letter Ruling | OR 2009-05336 | click here | James
W. Morris III Asst. Attorney General |
Dewey
E. Helmcamp III Executive Director |
Board denies access to licensee of investigation file of complaint as it is deemed confidential. We note that the board did provide some documents to the licensee. Isn't the ENTIRE file confidential? If this were the complainant requesting the information, NOTHING would have been provided. Yet another example of the double standard maintained by this board. |
04/27/2009 | Letter Ruling | OR 2009-05467 | click here | Chris
Schulz Asst. Attorney General |
Dewey
E. Helmcamp III Executive Director |
Board denies access to complainant to investigation file of complaint as it is deemed confidential. |
07/16/2009 | Letter Ruling | OR 2009-09829 | click here | Laura
E. Ream Asst. Attorney General |
Dewey
E. Helmcamp III Executive Director |
Board denies access to complainant to licensee's response to complaint contained in investigation file of complaint as it is deemed confidential. |
08/17/2009 | Letter Ruling | OR 2009-11480 | click here | Jonathan
Miles Asst. Attorney General |
Dewey
E. Helmcamp III Executive Director |
Board denies access to complainant to licensee's response to complaint contained in investigation file of complaint as it is deemed confidential. |
08/18/2009 | Letter Ruling | OR 2009-11560 | click here | Jennifer
Burnett Asst. Attorney General |
Loris
Jones Public Information Officer |
Board denies access to complainant to licensee's response to complaint contained in investigation file of complaint as it is deemed confidential. |
08/20/2009 | Letter Ruling | OR 2009-11711 | click here | Christina
Alvarado Asst. Attorney General |
Loris
Jones Public Information Officer |
Board denies access to complainant to licensee's response to complaint contained in investigation file of complaint as it is deemed confidential. |
09/10/2009 | Letter Ruling | OR 2009-12836 | click here | Pamela
Wissemann Asst. Attorney General |
Loris
Jones Public Information Officer |
Board denies access to requestor of investigation file of complaint as it is deemed confidential. Licensee's attorney tried to get copies of 3 veterinarian's opinions in complaint that was dismissed by claiming special rights. |
09/23/2009 | Letter Ruling | OR 2009-13424 | click here | Ana
Carolina Vieira Asst. Attorney General |
Loris
Jones Public Information Officer |
Board denies access to licensee to investigation file of complaint as it is deemed confidential. |
10/05/2009 | Letter Ruling | OR 2009-13936 | click here | Sarah
Casterline Asst. Attorney General |
Dewey
E. Helmcamp III Executive Director |
Board denies access to requestor of investigation files of complaints as it is deemed confidential. |
10/30/2009 | Letter Ruling | OR 2009-15453 | click here | Cindy
Nettles Asst. Attorney General |
Loris
Jones Public Information Officer |
Board denies access to requestor of investigation files of complaints as it is deemed confidential. Some information was provided to requestor. |
11/19/2009 | Letter Ruling | OR 2009-16485 | click here | Greg
Henderson Asst. Attorney General |
Loris
Jones Public Information Officer |
Board denies access to requestor of investigation file of complaint as it is deemed confidential. Some information was provided to requestor. |
11/24/2009 | Open Records Decision | ORD No. 683 | click here | Greg
Abbott Attorney General |
Dewey
E. Helmcamp III Executive Director |
Whether information relating to a complaint filed against a licensed veterinarian is subject to disclosure to the licensee, complainant, or the general public. AG rules that the board can provide a copy of the licensee's response to the complainant during an investigation of a complaint. |
12/16/2009 | Letter Ruling | OR 2009-17831 | click here | Christopher
D. Sterner Asst. Attorney General |
Loris
Jones Public Information Officer |
Board denies access to requestor of investigation file of complaint as it is deemed confidential. |
12/21/2009 | Letter Ruling | OR 2009-18055 | click here | Leah
B.
Wingerson Asst. Attorney General |
Loris
Jones Public Information Officer |
Board denies access to complainant's attorney of investigation file of complaint as it is deemed confidential. However, medical records belonging to complainant must be provided if requested properly. |
2010 |
DATE | RULING TYPE | DOCUMENT CODE | VIEW DOCUMENT | AG'S REP | VET BOARD'S REP | COMMENTS |
02/24/2010 | Letter Ruling | OR 2010-02740 | click here | Sarah
Casterline Asst. Attorney General |
Loris
Jones Public Information Officer |
Board denies access to complainant to licensee's response to complaint stating investigation is closed. However, complainant made the request while the investigation was still open. Board failed to timely respond to complainant's request. Board was STILL allowed to withhold licensee's response, even though complainant submitted valid request, since the investigation of complaint is now closed. In complainant's opinion, this is a direct violation of ORD No. 683. |
02/24/2010 | Letter Ruling | OR 2010-02766 | click here | Mack
T.
Harrison Asst. Attorney General |
Loris
Jones Public Information Officer |
Board denies access to complainant to licensee's response to complaint stating investigation is closed. Board states that request was received after investigation was closed. |
04/13/2010 | Letter Ruling | OR 2010-05184 | click here | Amy
L.S. Shipp Asst. Attorney General |
Dewey
E. Helmcamp III Executive Director |
Board denies access to complainant to investigation file of complaint as it is deemed confidential. Licensee's response and names of reviewing vets are provided. |
06/07/2010 | Letter Ruling | OR 2010-08235 | click here | Mack
T.
Harrison Asst. Attorney General |
Loris
Jones Public Information Officer |
Board denies access to complainant to licensee's response to complaint stating investigation is closed. Board states that request was received after investigation was closed. |
06/14/2010 | Letter Ruling | OR 2010-08615 | click here | Adam
Leiber Asst. Attorney General |
Dewey
E. Helmcamp III Executive Director |
Board denies access to requestor of investigation files of complaints as it is deemed confidential. Other information is provided to requestor. |
06/29/2010 | Letter Ruling | OR 2010-09595 | click here | Ana
Carolina Vieira Asst. Attorney General |
Loris
Jones Public Information Officer |
Board denies access to complainant to licensee's response to complaint stating investigation is closed. Board states that request was received after investigation was closed. Board also has never provided medical records to complainant. See complainant's website. |