73R4039 JMM-D
By Black H.B. No. 1515
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the State Board of
1-3 Veterinary Medical Examiners and to the regulation of the practice
1-4 of veterinary medicine; providing penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 5, The Veterinary Licensing Act (Article
1-7 8890, Revised Statutes), is amended by amending Subsections (b),
1-8 (d), (g), (i), and (k)-(o) and adding Subsections (p) and (q) to
1-9 read as follows:
1-10 (b) Appointments to the Board shall be made without regard
1-11 to the race, color <creed>, disability, sex, religion, age, or
1-12 national origin of the appointees. Six members must be licensed
1-13 veterinarians and three members must be members of the general
1-14 public.
1-15 (d) A person is not eligible for appointment as a public
1-16 member if the person or the person's spouse:
1-17 (1) is licensed by an occupational regulatory agency
1-18 in the field of health care;
1-19 (2) is employed by or participates in the management
1-20 of a business entity or other organization that provides
1-21 health-care services or that sells, manufactures, or distributes
1-22 health-care supplies or equipment or that is regulated by the Board
1-23 or receives funds from the Board; <or>
1-24 (3) owns, controls, or has, directly or indirectly,
2-1 more than a 10 percent interest in a business entity or other
2-2 organization that provides health-care services or that sells,
2-3 manufactures, or distributes health-care supplies or equipment or
2-4 that is regulated by the Board or receives funds from the Board; or
2-5 (4) uses or receives a substantial amount of tangible
2-6 goods, services, or funds from the Board, other than compensation
2-7 or reimbursement authorized by law for Board membership,
2-8 attendance, or expenses.
2-9 (g) At its first meeting each year the Board shall elect
2-10 from its number a president and any other officers it considers
2-11 necessary or convenient. Five <Six> members of the Board
2-12 constitute a quorum for the transaction of Board business.
2-13 (i) The State Board of Veterinary Medical Examiners is
2-14 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
2-15 continued in existence as provided by that chapter, the board is
2-16 abolished and this Act expires September 1, 2005 <1993>.
2-17 (k) An officer, employee, or paid consultant of a Texas
2-18 trade association in the field of health care may not be a member
2-19 or employee of the Board who is exempt from the state's position
2-20 classification plan or is compensated at or above the amount
2-21 prescribed by the General Appropriations Act for step 1, salary
2-22 group 17, of the position classification salary schedule.
2-23 (l) A person who is the spouse of an officer, manager, or
2-24 paid consultant of a Texas trade association in the field of health
2-25 care may not be a Board member and may not be an employee of the
2-26 Board who is exempt from the state's position classification plan
2-27 or is compensated at or above the amount prescribed by the General
3-1 Appropriations Act for step 1, salary group 17, of the position
3-2 classification salary schedule.
3-3 (m) For the purposes of Subsections (k) and (l) of this
3-4 section, a Texas trade association is a nonprofit, cooperative, and
3-5 voluntarily joined association of business or professional
3-6 competitors in this state designed to assist its members and its
3-7 industry or profession in dealing with mutual business or
3-8 professional problems and in promoting their common interest <A
3-9 member or employee of the Board may not be an officer, employee, or
3-10 paid consultant of a trade association in the veterinary medical
3-11 industry>.
3-12 (n) <(l) A member or employee of the Board may not be
3-13 related within the second degree by affinity or consanguinity, as
3-14 determined under Article 5996h, Revised Statutes, to a person who
3-15 is an officer, employee, or paid consultant of a trade association
3-16 in the regulated industry.>
3-17 <(m)> A person may not serve as a member of the Board or act
3-18 as general counsel to the Board if the person <who> is required to
3-19 register as a lobbyist under Chapter 305, Government Code, because
3-20 of the person's activities for compensation on behalf of a
3-21 profession related to the operation of the Board <may not serve as
3-22 a member of the Board or act as the general counsel to the Board>.
3-23 (o) <(n)> It is a ground for removal from the Board if a
3-24 member:
3-25 (1) does not have at the time of appointment the
3-26 qualifications required by Subsection (c) or (d) of this section
3-27 <for appointment to the Board>;
4-1 (2) does not maintain during <his> service on the
4-2 Board the qualifications required by Subsection (c) or (d) of this
4-3 section <for appointment to the Board>;
4-4 (3) violates a prohibition established by Subsection
4-5 (k), (l), or (n) <(m)> of this section; <or>
4-6 (4) cannot discharge the member's term for a
4-7 substantial part of the term for which the member is appointed
4-8 because of illness or disability; or
4-9 (5) is absent from more than <fails to attend at
4-10 least> half of the regularly scheduled Board meetings that the
4-11 member is eligible to attend during <held in> a calendar year
4-12 unless the absence is excused by majority vote<, excluding meetings
4-13 held while the person was not a member> of the Board.
4-14 (p) <(o)> The validity of an action of the Board is not
4-15 affected by the fact that it was taken when a ground for removal of
4-16 a Board member exists <of the Board existed>.
4-17 (q) If the executive director has knowledge that a potential
4-18 ground for removal exists, the executive director shall notify the
4-19 president of the Board of the ground. The president shall then
4-20 notify the governor that a potential ground for removal exists.
4-21 SECTION 2. The Veterinary Licensing Act (Article 8890,
4-22 Revised Statutes) is amended by adding Section 5A to read as
4-23 follows:
4-24 Sec. 5A. (a) Each Board member shall comply with the Board
4-25 member training requirements established by any other state agency
4-26 that is given authority to establish the requirements for the
4-27 Board.
5-1 (b) The Board shall provide to its members and employees, as
5-2 often as necessary, information regarding their qualifications for
5-3 office or employment under this Act and their responsibilities
5-4 under applicable laws relating to standards of conduct for state
5-5 officers or employees.
5-6 SECTION 3. The Veterinary Licensing Act (Article 8890,
5-7 Revised Statutes) is amended by adding Section 5B to read as
5-8 follows:
5-9 Sec. 5B. The Board shall develop and implement policies that
5-10 clearly define the respective responsibilities of the Board and the
5-11 staff of the Board.
5-12 SECTION 4. Section 6(b), The Veterinary Licensing Act
5-13 (Article 8890, Revised Statutes), is amended to read as follows:
5-14 (b) The executive director or the executive director's
5-15 designee shall develop an intra-agency <intraagency> career ladder
5-16 program. The program shall require intra-agency<, one part of
5-17 which shall be the intraagency> posting of all nonentry level
5-18 positions concurrently with <for at least 10 days before> any
5-19 public posting.
5-20 SECTION 5. The Veterinary Licensing Act (Article 8890,
5-21 Revised Statutes) is amended by adding Section 6A to read as
5-22 follows:
5-23 Sec. 6A. (a) The executive director or the director's
5-24 designee shall prepare and maintain a written policy statement to
5-25 ensure implementation of a program of equal employment opportunity
5-26 under which all personnel transactions are made without regard to
5-27 race, color, disability, sex, religion, age, or national origin.
6-1 The policy statement must include:
6-2 (1) personnel policies, including policies relating to
6-3 recruitment, evaluation, selection, application, training, and
6-4 promotion of personnel that are in compliance with the Commission
6-5 on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
6-6 and its subsequent amendments;
6-7 (2) a comprehensive analysis of the Board work force
6-8 that meets federal and state guidelines;
6-9 (3) procedures by which a determination can be made of
6-10 significant underuse in the Board work force of all persons for
6-11 whom federal or state guidelines encourage a more equitable
6-12 balance; and
6-13 (4) reasonable methods to appropriately address those
6-14 areas of underuse.
6-15 (b) A policy statement prepared under Subsection (a) of this
6-16 section must cover an annual period, be updated annually, be
6-17 reviewed by the Commission on Human Rights for compliance with
6-18 Subsection (a)(1) of this section, and be filed with the governor's
6-19 office.
6-20 (c) The governor's office shall deliver a biennial report to
6-21 the legislature based on the information received under Subsection
6-22 (b) of this section. The report may be made separately or as part
6-23 of other biennial reports to the legislature.
6-24 SECTION 6. The Veterinary Licensing Act (Article 8890,
6-25 Revised Statutes) is amended by adding Section 6B to read as
6-26 follows:
6-27 Sec. 6B. (a) The Board shall develop and implement policies
7-1 that provide the public with a reasonable opportunity to appear
7-2 before the Board and to speak on any issue under the jurisdiction
7-3 of the Board.
7-4 (b) The Board shall prepare and maintain a written plan that
7-5 describes how a person who does not speak English can be provided
7-6 reasonable access to the Board's programs. The Board shall also
7-7 comply with federal and state laws for program and facility
7-8 accessibility.
7-9 SECTION 7. Section 10, The Veterinary Licensing Act (Article
7-10 8890, Revised Statutes), is amended by amending Subsection (b) and
7-11 adding Subsections (c), (d), and (e) to read as follows:
7-12 (b) The Board may grant a provisional license to an
7-13 applicant who presents proof of a current license in another state,
7-14 the District of Columbia, or a territory of the United States that
7-15 maintains professional standards considered by the Board to be
7-16 equivalent to those set forth in this Act <waive any license
7-17 requirement for an applicant with a valid license from any
7-18 jurisdiction whose licensing requirements are approved by the
7-19 Board. The Board may require the applicant to demonstrate
7-20 proficiency and competency through a skills assessment examination
7-21 prescribed by the Board>. An applicant for a provisional license
7-22 under this section must:
7-23 (1) be licensed in good standing as a veterinarian in
7-24 another state, the District of Columbia, or a territory of the
7-25 United States that has licensing requirements that are
7-26 substantially equivalent to the requirements of this Act;
7-27 (2) have passed a national or other examination
8-1 recognized by the Board relating to veterinary medicine; and
8-2 (3) be sponsored by a person licensed by the Board
8-3 under this Act with whom the provisional license holder may
8-4 practice under this section.
8-5 (c) An applicant for a provisional license may be excused
8-6 from the requirement of Subsection (b)(3) of this section if the
8-7 Board determines that compliance with that subsection constitutes a
8-8 hardship to the applicant.
8-9 (d) A provisional license is valid until the date the Board
8-10 approves or denies the provisional license holder's application for
8-11 a license. The Board shall issue a license under this Act to the
8-12 holder of a provisional license under this section if:
8-13 (1) the provisional license holder passes the
8-14 examination under Section 12 of this Act;
8-15 (2) the Board verifies that the provisional license
8-16 holder has the academic and experience requirements for a license
8-17 under this Act; and
8-18 (3) the provisional license holder satisfies any other
8-19 license requirements under this Act.
8-20 (e) The Board must complete the processing of a provisional
8-21 license holder's application for a license not later than the 180th
8-22 day after the date the provisional license is issued.
8-23 SECTION 8. The Veterinary Licensing Act (Article 8890,
8-24 Revised Statutes) is amended by adding Section 10B to read as
8-25 follows:
8-26 Sec. 10B. (a) The Board by rule may provide for the
8-27 issuance of a temporary license.
9-1 (b) The Board by rule may provide for a person who holds a
9-2 license under this Act to be placed on inactive status. Rules
9-3 adopted under this subsection shall include a time limit for a
9-4 license holder to remain on inactive status.
9-5 SECTION 9. Sections 12(c), (e), and (f), The Veterinary
9-6 Licensing Act (Article 8890, Revised Statutes), are amended to read
9-7 as follows:
9-8 (c) Examinations may be given orally, in writing, or a
9-9 practical demonstration of the applicant's skill, or any
9-10 combination of these as the Board may determine. The Board shall
9-11 have the written portion of the examination, if any, validated by
9-12 an independent testing professional.
9-13 (e) Not later than the 30th day after the date on which a
9-14 licensing examination is administered under this Act, the <The>
9-15 Board shall notify each examinee of the <examination> results of
9-16 the examination <not later than the 14th day after the date on
9-17 which the Board has obtained all of the examination results>.
9-18 However, if an examination is graded or reviewed by a national
9-19 testing service, the Board shall notify examinees of the results of
9-20 the examination not later than the 14th day after the date on which
9-21 the Board receives the results from the testing service. If the
9-22 notice of examination results graded or reviewed by a national
9-23 testing service will be delayed for longer <more> than 90 days
9-24 after the examination date, the Board shall notify the examinee of
9-25 the reason for the delay before the 90th day.
9-26 (f) If requested in writing by a person who fails a <the
9-27 state Board> licensing examination administered under this Act, the
10-1 Board shall furnish the person with an analysis <a review> of the
10-2 person's performance on the examination. <The Board shall conduct
10-3 the review at its main office in Austin, Texas.>
10-4 SECTION 10. Section 13, The Veterinary Licensing Act
10-5 (Article 8890, Revised Statutes), is amended to read as follows:
10-6 Sec. 13. (a) A person may renew an unexpired license by
10-7 paying to the Board before the expiration of the license the
10-8 required renewal fee <Licenses shall expire March 1st of each
10-9 calendar year, and any licensee may renew the license on or before
10-10 March 1st by making written application to the Board setting forth
10-11 such facts as the Board may require, and by paying the required
10-12 fee>.
10-13 (b) <A person may renew an unexpired license by paying to
10-14 the Board before the expiration date of the license the required
10-15 renewal fee.> If a person's license has been expired for <not more
10-16 than> 90 days or less, the person may renew the license by paying
10-17 to the Board the required renewal fee and a fee that is one-half
10-18 <(1/2)> of the examination fee for the license.
10-19 (c) If a person's license has been expired for longer <more>
10-20 than 90 days but less than one year <two years>, the person may
10-21 renew the license by paying to the Board all unpaid renewal fees
10-22 and a fee that is equal to the examination fee for the license.
10-23 (d) If a person's license has been expired for one year <two
10-24 years> or longer <more>, the person may not renew the license. The
10-25 person may obtain a new license by submitting to reexamination and
10-26 complying with the requirements and procedures for obtaining an
10-27 original license. However, the Board may renew without
11-1 reexamination an expired license of a person who was licensed in
11-2 this state, moved to another state, and is currently licensed and
11-3 has been in practice in the other state for the two years preceding
11-4 application. The person must pay to the Board a fee that is equal
11-5 to the examination fee for the license.
11-6 (e) At least 30 days before the expiration of a person's
11-7 license, the Board shall send written notice of the impending
11-8 license expiration to the person at the licensee's last known
11-9 address according to the records of the Board.
11-10 (f) <(c)> The requirements governing the payment of the
11-11 annual renewal fee and the penalty for late renewal shall not apply
11-12 to licensees who are on active duty with the Armed Forces of the
11-13 United States of America and who do not engage in private or
11-14 civilian practice or to licensees who are permanently and totally
11-15 retired.
11-16 (g) The Board by rule shall establish a minimum number of
11-17 hours of continuing education required to renew a license under
11-18 this Act. The Board may assess the continuing education needs of
11-19 license holders and may require license holders to attend
11-20 continuing education courses specified by the Board.
11-21 (h) The Board shall identify the key factors for the
11-22 competent performance by a license holder of the license holder's
11-23 professional duties. The Board shall adopt a procedure to assess a
11-24 license holder's participation in continuing education programs.
11-25 <(d) The Board may recognize, prepare, or implement
11-26 continuing education programs for veterinarians. Participation in
11-27 the programs is voluntary.>
12-1 SECTION 11. Section 14, The Veterinary Licensing Act
12-2 (Article 8890, Revised Statutes), is amended by adding Subsections
12-3 (d), (e), and (f) to read as follows:
12-4 (d) A person who violates this Act or a rule adopted by the
12-5 Board under this Act is subject to a civil penalty of $1,000 for
12-6 each day of violation. At the request of the Board, the attorney
12-7 general shall bring an action to recover a civil penalty authorized
12-8 under this subsection.
12-9 (e) In addition to the other disciplinary actions authorized
12-10 by this section, the Board may require that a license holder who
12-11 violates this Act participate in continuing education programs.
12-12 The Board shall specify the continuing education programs that may
12-13 be attended and the number of hours that must be completed by an
12-14 individual license holder to fulfill the requirements of this
12-15 subsection.
12-16 (f) If a license suspension is probated, the Board may
12-17 require the license holder to:
12-18 (1) report regularly to the Board on matters that are
12-19 the basis of the probation;
12-20 (2) limit practice to the areas prescribed by the
12-21 Board; or
12-22 (3) continue or review continuing professional
12-23 education until the license holder attains a degree of skill
12-24 satisfactory to the Board in those areas that are the basis of the
12-25 probation.
12-26 SECTION 12. Section 14B, The Veterinary Licensing Act
12-27 (Article 8890, Revised Statutes), is amended to read as follows:
13-1 Sec. 14B. (a) The <If a person violates this Act in a
13-2 manner that constitutes grounds for disciplinary action by the
13-3 Board, the> Board may assess an administrative <a civil> penalty
13-4 against a <that> person who violates a provision of this Act or a
13-5 rule adopted by the Board under this Act as provided by this
13-6 section <in addition to taking action under Section 14 or 14A of
13-7 this Act>.
13-8 (b) The <Board may assess the civil> penalty for each
13-9 violation may be in an amount not to exceed $5,000. Each day a
13-10 violation continues or occurs may be considered a separate
13-11 violation for purposes of penalty assessment <$2,500. In
13-12 determining the amount of the penalty, the Board shall consider the
13-13 seriousness of the violation>.
13-14 (c) In determining the amount of the penalty, the executive
13-15 director of the Board shall consider:
13-16 (1) the seriousness of the violation, including the
13-17 nature, circumstances, extent, and gravity of the prohibited acts
13-18 and the hazard or potential hazard posed to the health or safety of
13-19 the public;
13-20 (2) the economic damage to property or the environment
13-21 caused by the violation;
13-22 (3) the history of previous violations;
13-23 (4) the amount necessary to deter future violations;
13-24 (5) efforts to correct the violation; and
13-25 (6) any other matter that justice may require.
13-26 (d) If, after investigation of a possible violation and the
13-27 facts surrounding that possible violation, the executive director
14-1 determines that a violation has occurred, the executive director
14-2 may issue a violation report stating the facts on which the
14-3 conclusion that a violation occurred is based, recommending that an
14-4 administrative penalty under this section be imposed on the person
14-5 charged and recommending the amount of that proposed penalty. The
14-6 executive director shall base the recommended amount of the
14-7 proposed penalty on the seriousness of the violation determined by
14-8 consideration of the factors set forth in Subsection (c) of this
14-9 section.
14-10 (e) Not later than the 14th day after the date on which the
14-11 report is issued, the executive director shall give written notice
14-12 of the report to the person charged. The notice shall include a
14-13 brief summary of the charges, a statement of the amount of the
14-14 penalty recommended, and a statement of the right of the person
14-15 charged to a hearing on the occurrence of the violation or the
14-16 amount of the penalty, or both the occurrence of the violation and
14-17 the amount of the penalty.
14-18 (f) Not later than the 20th day after the date on which
14-19 notice is received, the person charged may accept the determination
14-20 of the executive director made under Subsection (d) of this
14-21 section, including the recommended penalty, or make a written
14-22 request for a hearing on the determination.
14-23 (g) If the person charged with the violation accepts the
14-24 determination of the executive director, the Board shall issue an
14-25 order approving the determination and ordering the payment of the
14-26 recommended penalty.
14-27 (h) If the person charged requests a hearing or fails to
15-1 timely respond to the notice, the executive director shall set a
15-2 hearing and give notice of the hearing. The hearing shall be held
15-3 by a hearing examiner designated by the Board. The hearing
15-4 examiner shall make findings of fact and conclusions of law and
15-5 promptly issue to the Board a proposal for decision as to the
15-6 occurrence of the violation, including a recommendation as to the
15-7 amount of the proposed penalty if a penalty is warranted. Based on
15-8 the findings of fact, conclusions of law, and recommendations of
15-9 the hearing examiner, the Board by order may find a violation has
15-10 occurred and may assess a penalty or may find that no violation has
15-11 occurred. All proceedings under this subsection are subject to the
15-12 Administrative Procedure and Texas Register Act (Article 6252-13a,
15-13 Vernon's Texas Civil Statutes) and its subsequent amendments.
15-14 (i) The executive director shall give notice of the Board's
15-15 order to the person charged. The notice shall include:
15-16 (1) the findings of fact and conclusions of law
15-17 separately stated;
15-18 (2) the amount of the penalty ordered, if any;
15-19 (3) a statement of the right of the person charged to
15-20 judicial review of the Board's order, if any; and
15-21 (4) other information required by law.
15-22 (j) Within the 30-day period immediately following the day
15-23 on which the order becomes final as provided by Section 16(c),
15-24 Administrative Procedure and Texas Register Act (Article 6252-13a,
15-25 Vernon's Texas Civil Statutes), and its subsequent amendments, the
15-26 person charged with the penalty shall:
15-27 (1) pay the penalty in full; or
16-1 (2) if the person files a petition for judicial review
16-2 contesting either the amount of the penalty or the fact of the
16-3 violation or contesting both the fact of the violation and the
16-4 amount of the penalty:
16-5 (A) forward the amount to the executive director
16-6 for placement in an escrow account; or
16-7 (B) in lieu of payment into escrow, post with
16-8 the executive director a supersedeas bond in a form approved by the
16-9 executive director for the amount of the penalty, the bond to be
16-10 effective until all judicial review of the order or decision is
16-11 final.
16-12 (k) If a person charged is financially unable to either
16-13 forward the amount of the penalty for placement in an escrow
16-14 account or post a supersedeas bond for the amount of the penalty,
16-15 the person may satisfy the requirements of Subsection (j)(2) of
16-16 this section by filing with the executive director an affidavit
16-17 sworn by the person charged, stating that the person is financially
16-18 unable to either forward the amount of the penalty or post a bond.
16-19 (l) Failure to forward the money to or to post the bond or
16-20 file the affidavit with the executive director within the time
16-21 provided by Subsection (j) of this section results in a waiver of
16-22 all legal rights to judicial review. Also, if the person charged
16-23 fails to pay the penalty in full as provided under Subsection
16-24 (j)(1) of this section or forward the money, post the bond, or file
16-25 the affidavit as provided by Subsection (j) or (k) of this section,
16-26 the executive director may forward the matter to the attorney
16-27 general for enforcement.
17-1 (m) Judicial review of the order or decision of the Board
17-2 assessing the penalty shall be under the substantial evidence rule
17-3 and shall be instituted by filing a petition with a district court
17-4 in Travis County, as provided by Section 19, Administrative
17-5 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
17-6 Civil Statutes), and its subsequent amendments.
17-7 (n) If the penalty is reduced or not assessed by the court,
17-8 the executive director shall remit to the person charged the
17-9 appropriate amount plus accrued interest if the penalty has been
17-10 paid or shall execute a release of the bond if a supersedeas bond
17-11 has been posted. The accrued interest on amounts remitted by the
17-12 executive director under this subsection shall be paid at a rate
17-13 equal to the rate charged on loans to depository institutions by
17-14 the New York Federal Reserve Bank and shall be paid for the period
17-15 beginning on the date the penalty is paid to the executive director
17-16 under Subsection (j) of this section and ending on the date the
17-17 penalty is remitted.
17-18 (o) A penalty collected under this section for a violation
17-19 by a person licensed or permitted under this Act shall be deposited
17-20 in the general revenue fund.
17-21 SECTION 13. The Veterinary Licensing Act (Article 8890,
17-22 Revised Statutes) is amended by adding Section 14C to read as
17-23 follows:
17-24 Sec. 14C. (a) An executive committee of the Board,
17-25 consisting of the president of the Board and two other Board
17-26 members appointed by the president, may temporarily suspend the
17-27 license of a license holder under this Act if the executive
18-1 committee determines from the evidence or information presented to
18-2 the committee that the continued practice by the license holder
18-3 constitutes a continuing or imminent threat to the public welfare.
18-4 (b) A temporary suspension authorized under Subsection (a)
18-5 of this section may also be ordered on a majority vote of the
18-6 Board.
18-7 (c) A license temporarily suspended under this section may
18-8 be suspended without notice or hearing if, at the time the
18-9 suspension is ordered, a hearing on whether disciplinary
18-10 proceedings under this Act should be initiated against the license
18-11 holder is scheduled to be held not later than the 14th day after
18-12 the date of the suspension. A second hearing on the suspended
18-13 license shall be held not later than the 60th day after the date
18-14 the suspension was ordered. If the second hearing is not held in
18-15 the time required by this subsection, the suspended license is
18-16 automatically reinstated.
18-17 (d) The Board by rule shall adopt procedures for the
18-18 temporary suspension of a license under this section.
18-19 SECTION 14. Section 15, The Veterinary Licensing Act
18-20 (Article 8890, Revised Statutes), is amended to read as follows:
18-21 Sec. 15. If the Board refuses to examine an applicant for a
18-22 license, refuses a person's application for a license, suspends or
18-23 revokes a person's license, or places on probation, reprimands, or
18-24 assesses a civil penalty against a licensee, the applicant or
18-25 licensee is entitled to a hearing before the State Office of
18-26 Administrative Hearings <Board>. The proceedings are governed by
18-27 the Administrative Procedure and Texas Register Act, as amended
19-1 (Article 6252-13a, Vernon's Texas Civil Statutes). The schedule of
19-2 sanctions adopted by the Board by rule shall be used by the State
19-3 Office of Administrative Hearings for any sanction imposed as the
19-4 result of a hearing conducted by that office.
19-5 SECTION 15. Section 18A, The Veterinary Licensing Act
19-6 (Article 8890, Revised Statutes), is amended to read as follows:
19-7 Sec. 18A. (a) The Board shall prepare information of public
19-8 <consumer> interest describing the <regulatory> functions of the
19-9 Board and the Board's procedures by which <consumer> complaints are
19-10 filed with and resolved by the Board. The Board shall make the
19-11 information available to the <general> public and appropriate state
19-12 agencies.
19-13 (b) The Board by rule shall establish methods by which
19-14 consumers and service recipients are notified of the name, mailing
19-15 address, and telephone number of the Board for the purpose of
19-16 directing complaints to the Board. The Board may provide for that
19-17 notification:
19-18 (1) on each registration form, application, or written
19-19 contract for services of an individual or entity regulated by the
19-20 Board;
19-21 (2) on a sign prominently displayed in the place of
19-22 business of each individual or entity regulated by the Board; or
19-23 (3) in a bill for service provided by an individual or
19-24 entity regulated by the Board.
19-25 (c) The Board shall list along with its regular telephone
19-26 number the toll-free telephone number that may be called to present
19-27 a complaint about a health professional if the toll-free number is
20-1 established under other state law <The Board shall maintain an
20-2 information file about each complaint filed with the Board relating
20-3 to a licensee.>
20-4 <(c) If a written complaint is filed with the Board relating
20-5 to a licensee, the Board, at least as frequently as quarterly and
20-6 until final disposition of the complaint, shall notify the parties
20-7 to the complaint of the status of the complaint unless the notice
20-8 would jeopardize an undercover investigation>.
20-9 SECTION 16. Section 18B, The Veterinary Licensing Act
20-10 (Article 8890, Revised Statutes), is amended to read as follows:
20-11 Sec. 18B. (a) The Board shall maintain an information file
20-12 about each complaint filed with the Board <relating to a licensee>.
20-13 The Board's information file shall be kept current and contain a
20-14 record for each complaint of:
20-15 (1) all persons contacted in relation to the
20-16 complaint;
20-17 (2) a summary of findings made at each step of the
20-18 complaint process;
20-19 (3) an explanation of the legal basis and reason for a
20-20 complaint that is dismissed; and
20-21 (4) other relevant information.
20-22 (b) If a written complaint is filed with the Board that the
20-23 Board has authority to resolve <relating to a licensee>, the Board,
20-24 at least as frequently as quarterly and until final disposition of
20-25 the complaint, shall notify the parties to the complaint of the
20-26 status of the complaint unless the notice would jeopardize an
20-27 undercover investigation.
21-1 (c) The Board by rule shall adopt a form to standardize
21-2 information concerning complaints made to the Board. The Board by
21-3 rule shall prescribe information to be provided to a person when
21-4 the person files a complaint with the Board.
21-5 (d) The Board shall provide reasonable assistance to a
21-6 person who wishes to file a complaint with the Board.
21-7 SECTION 17. The Veterinary Licensing Act (Article 8890,
21-8 Revised Statutes) is amended by adding Section 18D to read as
21-9 follows:
21-10 Sec. 18D. (a) The Board shall adopt rules concerning the
21-11 investigation of a complaint filed with the Board. The rules
21-12 adopted under this subsection shall:
21-13 (1) distinguish between categories of complaints;
21-14 (2) ensure that complaints are not dismissed without
21-15 appropriate consideration;
21-16 (3) require that the Board be advised of a complaint
21-17 that is dismissed and that a letter be sent to the person who filed
21-18 the complaint explaining the action taken on the dismissed
21-19 complaint;
21-20 (4) ensure that the person who filed the complaint has
21-21 an opportunity to explain the allegations made in the complaint;
21-22 and
21-23 (5) prescribe guidelines concerning the categories of
21-24 complaints that require the use of a private investigator and the
21-25 procedures for the Board to obtain the services of a private
21-26 investigator.
21-27 (b) The Board shall dispose of all complaints in a timely
22-1 manner. The Board shall establish a schedule for conducting each
22-2 phase of a complaint that is under the control of the Board not
22-3 later than the 30th day after the date the complaint is received by
22-4 the Board. The schedule shall be kept in the information file for
22-5 the complaint and all parties shall be notified of the projected
22-6 time requirements for pursuing the complaint. A change in the
22-7 schedule must be noted in the complaint information file and all
22-8 parties to the complaint must be notified not later than the
22-9 seventh day after the date the change is made.
22-10 (c) The executive director of the Board shall notify the
22-11 Board of a complaint that extends beyond the time prescribed by the
22-12 Board for resolving the complaint so that the Board may take
22-13 necessary action on the complaint.
22-14 SECTION 18. The Veterinary Licensing Act (Article 8890,
22-15 Revised Statutes) is amended by adding Section 18E to read as
22-16 follows:
22-17 Sec. 18E. (a) The Board by rule shall adopt procedures
22-18 governing:
22-19 (1) informal disposition of a contested case under
22-20 Section 13(e), Administrative Procedure and Texas Register Act
22-21 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
22-22 subsequent amendments; and
22-23 (2) informal proceedings held in compliance with
22-24 Section 18(c), Administrative Procedure and Texas Register Act
22-25 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
22-26 subsequent amendments.
22-27 (b) Rules adopted under this section must provide the
23-1 complainant and the licensee an opportunity to be heard and must
23-2 require the presence of a representative of the office of the
23-3 attorney general to advise the Board or Board's employees.
23-4 SECTION 19. The Veterinary Licensing Act (Article 8890,
23-5 Revised Statutes) is amended by adding Section 18F to read as
23-6 follows:
23-7 Sec. 18F. The Board by rule shall develop a system for
23-8 monitoring license holders' compliance with the requirements of
23-9 this Act. Rules adopted under this section shall include
23-10 procedures for monitoring a license holder who is ordered by the
23-11 Board to perform certain acts to ascertain that the license holder
23-12 performs the required acts and to identify and monitor license
23-13 holders who represent a risk to the public.
23-14 SECTION 20. Section 19, The Veterinary Licensing Act
23-15 (Article 8890, Revised Statutes), is amended to read as follows:
23-16 Sec. 19. (a) The Board by rule shall establish reasonable
23-17 and necessary fees so that the fees, in the aggregate, produce
23-18 sufficient revenue to cover the costs of administering <for the
23-19 administration of> this Act.
23-20 (b) The <board shall not maintain unnecessary fund balances,
23-21 and> fee amounts <shall be> set by the Board may be adjusted so
23-22 that the total fees collected are sufficient to cover the costs of
23-23 administering this Act <in accordance with this requirement>.
23-24 (c) The Board may not set a fee for an amount less than the
23-25 amount of that fee on September 1, 1993.
23-26 SECTION 21. Section 20(c), The Veterinary Licensing Act
23-27 (Article 8890, Revised Statutes), is amended to read as follows:
24-1 (c) The Board shall file annually with the governor and the
24-2 presiding officer of each house of the legislature a complete and
24-3 detailed written report accounting for all funds received and
24-4 disbursed by the Board during the preceding fiscal year. The
24-5 annual report must be in the form and reported in the time provided
24-6 by the General Appropriations Act <On or before January 1 of each
24-7 year, the Board shall make in writing to the Governor and the
24-8 Presiding Officer of each House of the Legislature a complete and
24-9 detailed annual report accounting for all funds received and
24-10 disbursed by the Board during the preceding year>.
24-11 SECTION 22. (a) On the effective date of this Act, a
24-12 contested case pending before the State Board of Veterinary Medical
24-13 Examiners is transferred to the State Office of Administrative
24-14 Hearings. A proceeding transferred under this subsection is
24-15 treated as if the actions taken in the proceedings had been taken
24-16 by the State Office of Administrative Hearings.
24-17 (b) The changes in law made by this Act relating to a
24-18 penalty that may be imposed apply only to a violation of The
24-19 Veterinary Licensing Act (Article 8890, Revised Statutes) or a rule
24-20 adopted by the State Board of Veterinary Medical Examiners that
24-21 occurs on or after the effective date of this Act. A violation
24-22 occurs on or after the effective date of this Act only if each
24-23 element of the violation occurs on or after that date. A
24-24 violation that occurs before the effective date of this Act is
24-25 governed by the law in effect on the date the violation occurred,
24-26 and the former law is continued in effect for this purpose.
24-27 (c) The changes in law made by this Act in the
25-1 qualifications of members of the State Board of Veterinary Medical
25-2 Examiners do not affect the entitlement of a member appointed
25-3 before September 1, 1993, to continue to hold office on the board
25-4 for the term for which the member was appointed. The changes in
25-5 the qualifications apply only to a member appointed on or after
25-6 September 1, 1993.
25-7 SECTION 23. This Act takes effect September 1, 1993.
25-8 SECTION 24. The importance of this legislation and the
25-9 crowded condition of the calendars in both houses create an
25-10 emergency and an imperative public necessity that the
25-11 constitutional rule requiring bills to be read on three several
25-12 days in each house be suspended, and this rule is hereby suspended.