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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of the practice of veterinary medicine |
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by the Texas Department of Licensing and Regulation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 801.003, Occupations Code, is amended to |
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read as follows: |
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Sec. 801.003. APPLICATION OF SUNSET ACT. The State Board of |
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Veterinary Medical Examiners is subject to Chapter 325, Government |
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Code (Texas Sunset Act). Unless continued in existence as provided |
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by that chapter, the board is abolished September 1, 2027 [2029]. |
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SECTION 2. Chapter 801, Occupations Code, is amended by |
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adding Subchapter A-1 to read as follows: |
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SUBCHAPTER A-1. REGULATION BY TEXAS DEPARTMENT OF LICENSING AND |
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REGULATION |
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Sec. 801.021. DEFINITIONS. In this subchapter: |
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(1) "Commission" means the Texas Commission of |
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Licensing and Regulation. |
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(2) "Department" means the Texas Department of |
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Licensing and Regulation. |
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Sec. 801.022. ADMINISTRATION OF CHAPTER BY DEPARTMENT; |
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RULES. (a) Notwithstanding any other law, the department shall |
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administer this chapter. The department may contract with an |
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independent management consultant to assist in administering this |
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chapter. |
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(b) A power or duty granted to the board under this chapter |
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is a power or duty of the department or commission, as applicable. |
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(c) The board may not exercise any power or duty under this |
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chapter unless authorized by the commission. |
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(d) The commission may not adopt a new rule relating to the |
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scope of practice of, a health-related standard of care for, or the |
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ethical practice of the profession of veterinary medicine unless |
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the rule has been proposed by the board under Section 801.023(c). |
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The commission shall adopt rules prescribing the procedure by which |
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the board may propose rules described by this subsection. |
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(e) For each rule proposed as described by Subsection (d), |
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the commission shall either adopt the rule as proposed or return the |
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rule to the board for revision. The commission retains authority |
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for final adoption of all rules and is responsible for ensuring |
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compliance with all laws regarding the rulemaking process. |
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Sec. 801.023. ADVISORY BOARD. (a) Notwithstanding |
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Subchapter D, the board is an advisory board to the department. The |
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department may establish working groups composed of board members |
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as the department considers necessary. |
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(b) The board, the equine dental provider advisory |
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committee, and any advisory committee appointed under Section |
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801.163 shall provide advice and recommendations to the department |
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on technical matters relevant to the administration of this |
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chapter. |
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(c) The board shall propose rules to the commission relating |
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to the scope of practice of, a health-related standard of care for, |
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and the ethical practice of the profession of veterinary medicine. |
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Sec. 801.024. CONFLICT WITH OTHER LAW. (a) |
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Notwithstanding Section 51.003, to the extent of any conflict |
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between this chapter and Chapter 51, this chapter controls. |
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(b) To the extent of any conflict between this subchapter |
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and another provision of this chapter, this subchapter controls. |
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Sec. 801.025. EXPIRATION. This subchapter expires |
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September 1, 2027. |
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SECTION 3. (a) In this section: |
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(1) "Board" means the State Board of Veterinary |
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Medical Examiners. |
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(2) "Department" means the Texas Department of |
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Licensing and Regulation. |
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(b) Not later than October 1, 2023, the department and the |
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board shall adopt a memorandum of understanding regarding the |
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regulation of the practice of veterinary medicine by the |
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department. The memorandum must: |
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(1) specify the manner in which the board and board |
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staff will observe and assist the department and department staff |
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and receive appropriate training on implementing policies and |
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procedures related to licensing, inspections, and enforcement; |
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(2) require the department and the board to consult |
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with the Department of Information Resources to assess the database |
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needs of the board and establish a plan for the procurement and |
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acquisition of a database suitable to address those needs; and |
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(3) specify the circumstances under which the board |
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may exercise a power or duty as authorized by the Texas Commission |
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of Licensing and Regulation under Section 801.022(c), Occupations |
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Code, as added by this Act. |
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(c) Not later than December 1, 2024, the department shall |
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submit to the Sunset Advisory Commission and each standing |
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committee of the legislature with primary jurisdiction over the |
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board any legislative recommendations necessary to improve the |
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board's operations. |
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SECTION 4. This Act takes effect September 1, 2023. |