By:  Carriker                                          S.B. No. 623
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the continuation and functions of the State Board of
    1-2  Veterinary Medical Examiners and to the regulation of the practice
    1-3  of veterinary medicine and the administration of dangerous drugs to
    1-4  animals; providing penalties.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 2, The Veterinary Licensing Act (Article
    1-7  8890, Revised Statutes), is amended by amending Subdivision (2) and
    1-8  adding Subdivisions (7) through (11) to read as follows:
    1-9              (2)  <Any person shall be deemed in the> "Practice of
   1-10  Veterinary Medicine" means:
   1-11                    (A)  the diagnosis, treatment, correction,
   1-12  change, manipulation, relief, or prevention of animal disease,
   1-13  deformity, defect, injury, or other physical condition, including
   1-14  the prescription or administration of a drug, biologic, anesthetic,
   1-15  apparatus, or other therapeutic or diagnostic substance or
   1-16  technique;
   1-17                    (B)  the representation of an ability and
   1-18  willingness to perform an act included in Paragraph (A) of this
   1-19  subdivision;
   1-20                    (C)  the use of a title, words, or letters to
   1-21  induce the belief that a person is legally authorized and qualified
   1-22  to perform an act included in Paragraph (A) of this subdivision; or
   1-23                    (D)  the receipt of compensation for performing
   1-24  an act included in Paragraph (A) of this subdivision  <who
    2-1  represents himself as engaged in the practice of veterinary
    2-2  medicine; or uses any words, letters or titles in such connection
    2-3  or under such circumstances as to induce the belief that the person
    2-4  using them is engaged in the practice of veterinary medicine, or
    2-5  any person who performs a surgical or dental operation or who
    2-6  diagnoses, treats, immunizes or prescribes any prescription drug,
    2-7  prescription medicine, veterinary appliance, or veterinary
    2-8  application for any physical ailment, injury, deformity, or
    2-9  condition of animals, for compensation>.
   2-10              (7)  "Compensation" includes all fees, monetary
   2-11  rewards, discounts, and emoluments received directly or indirectly
   2-12  by a person.
   2-13              (8)  "Direct supervision" means the actual physical
   2-14  presence of a responsible veterinarian on the premises.
   2-15              (9)  "General supervision" means supervision by a
   2-16  responsible veterinarian being readily available to communicate
   2-17  with the person being supervised by the veterinarian.
   2-18              (10)  "Registered veterinary technician" means a person
   2-19  who works under the supervision of a licensee and who fulfills the
   2-20  requirements established by an organization approved by the Board.
   2-21              (11)  "Veterinary medicine" includes veterinary
   2-22  surgery, veterinary reproduction and obstetrics, veterinary
   2-23  dentistry, veterinary opthalmology, veterinary dermatology,
   2-24  veterinary cardiology, and all other disciplines and specialties of
   2-25  veterinary medicine.
   2-26        SECTION 2.  Section 2A, The Veterinary Licensing Act (Article
   2-27  8890, Revised Statutes), is amended to read as follows:
    3-1        Sec. 2A.  (a)  A veterinarian-client-patient relationship
    3-2  exists if:
    3-3              (1)  a veterinarian assumes responsibility for medical
    3-4  judgments regarding the health of an animal and a client who is the
    3-5  owner or other caretaker of the animal agrees to follow the
    3-6  veterinarian's instructions; <or>
    3-7              (2)  there is sufficient knowledge of the animal by the
    3-8  veterinarian to initiate at least a general or preliminary
    3-9  diagnosis of the medical condition of the animal.  This means that
   3-10  the veterinarian has recently seen and/or is personally acquainted
   3-11  with the keeping and care of the animal by virtue of the
   3-12  examination of the animal, and/or by medically appropriate and
   3-13  timely visits to the premises where the animal is kept; and
   3-14              (3)  the veterinarian is readily available to provide
   3-15  or has provided follow-up medical care in case of an adverse
   3-16  reaction or failure of the regimen of therapy provided by the
   3-17  veterinarian.
   3-18        (b)  The professional services of a veterinarian may not be
   3-19  controlled or exploited by any person or entity not licensed under
   3-20  this Act that intervenes between the client and the veterinarian.
   3-21  A veterinarian may not allow a person or entity not licensed under
   3-22  this Act to interfere or intervene with the veterinarian's practice
   3-23  of veterinary medicine and a veterinarian may not submit to
   3-24  interference or intervention by a person or entity not licensed
   3-25  under this Act.  A veterinarian shall avoid all relationships that
   3-26  may result in interference or intervention in the veterinarian's
   3-27  practice by a person or entity not licensed under this Act.  A
    4-1  veterinarian is responsible for the veterinarian's own actions and
    4-2  is directly responsible to the client and for the care and
    4-3  treatment of the patient.  <a veterinarian, through personal
    4-4  examination of an animal or a representative sample of a herd or
    4-5  flock, obtains sufficient information to make at least a general or
    4-6  preliminary diagnosis of the medical condition of the animal, herd,
    4-7  or flock, which is expanded through medically appropriate visits to
    4-8  the premises where the animal, herd, or flock is kept.>
    4-9        SECTION 3.  Section 3, The Veterinary Licensing Act (Article
   4-10  8890, Revised Statutes), is amended by amending Subsection (a) and
   4-11  adding Subsection (e) to read as follows:
   4-12        (a)  The provisions of this Act do <shall> not apply to:
   4-13              (1)  treatment <Treatment> or caring for animals in any
   4-14  manner either personally by the owner <thereof,> or by any employee
   4-15  of the owner or a designated caretaker <thereof>, unless the
   4-16  ownership, <or> employment, or designation was <has been>
   4-17  established with the intent of circumventing this Act;<.>
   4-18              (2)  a person who performs acts prescribed by the Board
   4-19  as accepted livestock management practices, including:
   4-20                    (A)  performing <Performance of> the operation of
   4-21  male castration on animals raised for human consumption, or docking
   4-22  or earmarking of animals raised for human consumption;
   4-23                    (B)  performing<.  (3)  Performance of> the
   4-24  operation of dehorning cattle;
   4-25                    (C)  aiding<, or aid> in the nonsurgical birth
   4-26  process in large animals, as defined by Board rule;
   4-27                    (D)  treating<.  (4)  Treatment of> animals for
    5-1  disease prevention <internal or external parasites, or vaccination
    5-2  for black-leg, shipping fever, or sore mouth> with a
    5-3  nonprescription medicine or vaccine;
    5-4                    (E)  branding or identification of animals in any
    5-5  manner;
    5-6                    (F)  artificial insemination, including training,
    5-7  insemination, and compensation for services associated with this
    5-8  practice; and
    5-9                    (G)  shoeing horses;
   5-10              (3)  the performance<.  (5)  Selling by a retail
   5-11  distributor of a nonprescription medicine, remedy or insecticide
   5-12  which is adequately labeled.>
   5-13              <(6)  Performance> of cosmetic or production techniques
   5-14  to reduce injury in poultry intended for human consumption;
   5-15              (4)  the performance of duties involving food
   5-16  production animals, other than diagnosis, prescription, or surgery,
   5-17  by an employee of a licensed veterinarian under the direction and
   5-18  general supervision of the veterinarian who shall be responsible
   5-19  for the employee's performance; and
   5-20              (5)  the performance of acts<.  (7)  Branding animals
   5-21  in any manner.>
   5-22              <(8)  Acts performed> by persons who are full-time
   5-23  students of an accredited college of veterinary medicine or who are
   5-24  foreign graduates of a Board-approved equivalent competency program
   5-25  for foreign veterinary graduates and who are participating in an
   5-26  extern or preceptor program approved by the Board if the acts are
   5-27  performed under direct supervision of a licensee employing the
    6-1  person.
    6-2        (e)  This Act does not apply to consultations by a
    6-3  veterinarian residing in another state who is lawfully qualified
    6-4  under the laws of that state with a licensed veterinarian in this
    6-5  state.
    6-6        SECTION 4.  Section 4, The Veterinary Licensing Act (Article
    6-7  8890, Revised Statutes), is amended to read as follows:
    6-8        Sec. 4.  (a)  Except as provided by Section 3 of this Act, a
    6-9  person may not practice, offer or attempt to practice veterinary
   6-10  medicine in this State without first having obtained a valid
   6-11  license to do so from the Texas Board of Veterinary Medical
   6-12  Examiners.
   6-13        (b)  A person commits an offense if the person violates this
   6-14  section.  The offense is a Class A misdemeanor.
   6-15        SECTION 5.  Section 5, The Veterinary Licensing Act (Article
   6-16  8890, Revised Statutes), is amended by amending Subsections (b),
   6-17  (c), (d), (g), (i), and (k) through (o) and adding Subsections (p)
   6-18  and (q) to read as follows:
   6-19        (b)  Appointments to the Board shall be made without regard
   6-20  to the race, color <creed>, disability, sex, religion, age, or
   6-21  national origin of the appointees.  Six members must be licensed
   6-22  veterinarians and three members must be members of the general
   6-23  public.  Not more than one veterinarian member of the Board may be
   6-24  a member of the faculty of a college of veterinary medicine.
   6-25        (c)  To be eligible for appointment to the Board as a
   6-26  licensed veterinarian member, a person must:
   6-27              (1)  have resided in the state and practiced veterinary
    7-1  medicine for the six years next preceding his appointment;
    7-2              (2)  be of good repute; and
    7-3              (3)  not be licensed under Section 10A of this Act <a
    7-4  member of the faculty of any veterinary medical college or of the
    7-5  veterinary medical department of any college or have a financial
    7-6  interest in a veterinary medical college>.
    7-7        (d)  A person is not eligible for appointment as a public
    7-8  member if the person or the person's spouse:
    7-9              (1)  is licensed by an occupational regulatory agency
   7-10  in the field of health care;
   7-11              (2)  is employed by or participates in the management
   7-12  of a business entity or other organization that provides
   7-13  health-care services or that sells, manufactures, or distributes
   7-14  health-care supplies or equipment or that is regulated by the Board
   7-15  or receives funds from the Board; <or>
   7-16              (3)  owns, controls, or has, directly or indirectly,
   7-17  more than a 10 percent interest in a business entity or other
   7-18  organization that provides health-care services or that sells,
   7-19  manufactures, or distributes health-care supplies or equipment or
   7-20  that is regulated by the Board or receives funds from the Board;
   7-21  or
   7-22              (4)  uses or receives a substantial amount of tangible
   7-23  goods, services, or funds from the Board, other than compensation
   7-24  or reimbursement authorized by law for Board membership,
   7-25  attendance, or expenses.
   7-26        (g)  At its first meeting each year the Board shall elect
   7-27  from its number a president and any other officers it considers
    8-1  necessary or convenient.  Five <Six> members of the Board
    8-2  constitute a quorum for the transaction of Board business.
    8-3        (i)  The State Board of Veterinary Medical Examiners is
    8-4  subject to Chapter 325, Government Code (Texas Sunset Act).  Unless
    8-5  continued in existence as provided by that chapter, the board is
    8-6  abolished and this Act expires September 1, 2005 <1993>.
    8-7        (k)  An officer, employee, or paid consultant of a Texas
    8-8  trade association in the field of health care may not be a member
    8-9  or employee of the Board who is exempt from the state's position
   8-10  classification plan or is compensated at or above the amount
   8-11  prescribed by the General Appropriations Act for step 1, salary
   8-12  group 17, of the position classification salary schedule.
   8-13        (l)  A person who is the spouse of an officer, manager, or
   8-14  paid consultant of a Texas trade association in the field of health
   8-15  care may not be a Board member and may not be an employee of the
   8-16  Board who is exempt from the state's position classification plan
   8-17  or is compensated at or above the amount prescribed by the General
   8-18  Appropriations Act for step 1, salary group 17, of the position
   8-19  classification salary schedule.
   8-20        (m)  For the purposes of Subsections (k) and (l) of this
   8-21  section, a Texas trade association is a nonprofit, cooperative, and
   8-22  voluntarily joined association of business or professional
   8-23  competitors in this state designed to assist its members and its
   8-24  industry or profession in dealing with mutual business or
   8-25  professional problems and in promoting their common interest <A
   8-26  member or employee of the Board may not be an officer, employee, or
   8-27  paid consultant of a trade association in the veterinary medical
    9-1  industry>.
    9-2        (n) <(l)  A member or employee of the Board may not be
    9-3  related within the second degree by affinity or consanguinity, as
    9-4  determined under Article 5996h, Revised Statutes, to a person who
    9-5  is an officer, employee, or paid consultant of a trade association
    9-6  in the regulated industry>.
    9-7        <(m)>  A person may not serve as a member of the Board or act
    9-8  as general counsel to the Board if the person <who> is required to
    9-9  register as a lobbyist under Chapter 305, Government Code, because
   9-10  of the person's activities for compensation on behalf of a
   9-11  profession related to the operation of the Board <may not serve as
   9-12  a member of the Board or act as the general counsel to the Board>.
   9-13        (o) <(n)>  It is a ground for removal from the Board if a
   9-14  member:
   9-15              (1)  does not have at the time of appointment the
   9-16  qualifications required by Subsection (c) or (d) of this section
   9-17  <for appointment to the Board>;
   9-18              (2)  does not maintain during <his> service on the
   9-19  Board the qualifications required by Subsection (c) or (d) of this
   9-20  section <for appointment to the Board>;
   9-21              (3)  violates a prohibition established by Subsection
   9-22  (k), (l), or (n) <(m)> of this section; <or>
   9-23              (4)  cannot discharge the member's term for a
   9-24  substantial part of the term for which the member is appointed
   9-25  because of illness or disability; or
   9-26              (5)  is absent from more than <fails to attend at
   9-27  least> half of the regularly scheduled Board meetings that the
   10-1  member is eligible to attend during <held in> a calendar year
   10-2  unless the absence is excused by majority vote<, excluding meetings
   10-3  held while the person was not a member> of the Board.
   10-4        (p) <(o)>  The validity of an action of the Board is not
   10-5  affected by the fact that it was taken when a ground for removal of
   10-6  a Board member exists <of the Board existed>.
   10-7        (q)  If the executive director has knowledge that a potential
   10-8  ground for removal exists, the executive director shall notify the
   10-9  president of the Board of the ground.  The president shall then
  10-10  notify the governor that a potential ground for removal exists.
  10-11        SECTION 6.  The Veterinary Licensing Act (Article 8890,
  10-12  Revised Statutes) is amended by adding Section 5A to read as
  10-13  follows:
  10-14        Sec. 5A.  (a)  Each Board member shall comply with the Board
  10-15  member training requirements established by any other state agency
  10-16  that is given authority to establish the requirements for the
  10-17  Board.
  10-18        (b)  The Board shall provide to its members and employees, as
  10-19  often as necessary, information regarding their qualifications for
  10-20  office or employment under this Act and their responsibilities
  10-21  under applicable laws relating to standards of conduct for state
  10-22  officers or employees.
  10-23        SECTION 7.  The Veterinary Licensing Act (Article 8890,
  10-24  Revised Statutes) is amended by adding Section 5B to read as
  10-25  follows:
  10-26        Sec. 5B.  The Board shall develop and implement policies that
  10-27  clearly define the respective responsibilities of the Board and the
   11-1  staff of the Board.
   11-2        SECTION 8.  Subsection (b), Section 6, The Veterinary
   11-3  Licensing Act (Article 8890, Revised Statutes), is amended to read
   11-4  as follows:
   11-5        (b)  The executive director or the executive director's
   11-6  designee shall develop an intra-agency <intraagency> career ladder
   11-7  program.  The program shall require intra-agency<, one part of
   11-8  which shall be the intraagency> posting of all nonentry level
   11-9  positions concurrently with <for at least 10 days before> any
  11-10  public posting.
  11-11        SECTION 9.  The Veterinary Licensing Act (Article 8890,
  11-12  Revised Statutes) is amended by adding Section 6A to read as
  11-13  follows:
  11-14        Sec. 6A.  (a)  The executive director or the director's
  11-15  designee shall prepare and maintain a written policy statement to
  11-16  ensure implementation of a program of equal employment opportunity
  11-17  under which all personnel transactions are made without regard to
  11-18  race, color, disability, sex, religion, age, or national origin.
  11-19  The policy statement must include:
  11-20              (1)  personnel policies, including policies relating to
  11-21  recruitment, evaluation, selection, application, training, and
  11-22  promotion of personnel that are in compliance with the Commission
  11-23  on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
  11-24  and its subsequent amendments;
  11-25              (2)  a comprehensive analysis of the Board work force
  11-26  that meets federal and state guidelines;
  11-27              (3)  procedures by which a determination can be made of
   12-1  significant underutilization in the Board work force of all persons
   12-2  for whom federal or state guidelines encourage a more equitable
   12-3  balance; and
   12-4              (4)  reasonable methods to address those areas of
   12-5  underutilization appropriately.
   12-6        (b)  A policy statement prepared under Subsection (a) of this
   12-7  section must cover an annual period, be updated annually, be
   12-8  reviewed by the Commission on Human Rights for compliance with
   12-9  Subsection (a)(1) of this section, and be filed with the governor's
  12-10  office.
  12-11        (c)  The governor's office shall deliver a biennial report to
  12-12  the legislature based on the information received under Subsection
  12-13  (b) of this section.  The report may be made separately or as part
  12-14  of other biennial reports to the legislature.
  12-15        SECTION 10.  The Veterinary Licensing Act (Article 8890,
  12-16  Revised Statutes) is amended by adding Section 6B to read as
  12-17  follows:
  12-18        Sec. 6B.  (a)  The Board shall develop and implement policies
  12-19  that provide the public with a reasonable opportunity to appear
  12-20  before the Board and to speak on any issue under the jurisdiction
  12-21  of the Board.
  12-22        (b)  The Board shall prepare and maintain a written plan that
  12-23  describes how a person who does not speak English can be provided
  12-24  reasonable access to the Board's programs.  The Board shall also
  12-25  comply with federal and state laws for program and facility
  12-26  accessibility.
  12-27        SECTION 11.  Subsections (b) and (c), Section 7, The
   13-1  Veterinary Licensing Act (Article 8890, Revised Statutes), are
   13-2  amended to read as follows:
   13-3        (b)  The Board shall adopt rules to protect the public and to
   13-4  ensure that the performance of alternate therapies, including
   13-5  ultrasound diagnosis and therapy, magnetic field therapy, holistic
   13-6  medicine, homeopathy, chiropractic treatment, acupuncture, and
   13-7  laser therapy are performed only by a licensee or under the
   13-8  supervision of a licensee.
   13-9        (c)  The Board may adopt rules for the use of registered
  13-10  veterinary technicians working under the supervision of a licensee.
  13-11        (d)  The Board shall require its licensees to maintain a
  13-12  record-keeping system for controlled substances, as prescribed by
  13-13  Chapter 481, Health and Safety Code.  The records are subject to
  13-14  review by law enforcement agencies and by representatives of the
  13-15  Board.  A failure to keep such records shall be grounds for
  13-16  revoking, cancelling, suspending, or probating the license of any
  13-17  practitioner of veterinary medicine.
  13-18        (e) <(c)>  After notice and hearing, the Board may approve an
  13-19  exception to a rule adopted by the Board.  The Board may consider
  13-20  an exception on the request of a person subject to regulation by
  13-21  the Board.
  13-22        SECTION 12.  Subsection (d), Section 9, The Veterinary
  13-23  Licensing Act (Article 8890, Revised Statutes), is amended to read
  13-24  as follows:
  13-25        (d)  The investigation files and records of the Board,
  13-26  including files and records relating to complaints found to be
  13-27  groundless, are confidential.
   14-1        SECTION 13.  Section 10, The Veterinary Licensing Act
   14-2  (Article 8890, Revised Statutes), is amended by amending Subsection
   14-3  (b) and adding Subsections (c), (d), and (e) to read as follows:
   14-4        (b)  The Board may grant a provisional license to an
   14-5  applicant who presents proof of a current license in another state,
   14-6  the District of Columbia, or a territory of the United States that
   14-7  maintains professional standards considered by the Board to be
   14-8  equivalent to those set forth in this Act <waive any license
   14-9  requirement for an applicant with a valid license from any
  14-10  jurisdiction whose licensing requirements are approved by the
  14-11  Board.  The Board may require the applicant to demonstrate
  14-12  proficiency and competency through a skills assessment examination
  14-13  prescribed by the Board>.  An applicant for a provisional license
  14-14  under this section must:
  14-15              (1)  be licensed in good standing as a veterinarian in
  14-16  another state, the District of Columbia, or a territory of the
  14-17  United States that has licensing requirements that are
  14-18  substantially equivalent to the requirements of this Act;
  14-19              (2)  have passed a national or other examination
  14-20  recognized by the Board relating to veterinary medicine; and
  14-21              (3)  be sponsored by a person licensed by the Board
  14-22  under this Act with whom the provisional licensee may practice
  14-23  under this section.
  14-24        (c)  An applicant for a provisional license may be excused
  14-25  from the requirement of Subsection (b)(3) of this section if the
  14-26  Board determines that compliance with that subsection constitutes a
  14-27  hardship to the applicant.
   15-1        (d)  A provisional license is valid until the date the Board
   15-2  approves or denies the provisional licensee's application for a
   15-3  license.  The Board shall issue a license under this Act to the
   15-4  holder of a provisional license under this section if:
   15-5              (1)  the provisional licensee passes the examination
   15-6  under Section 12 of this Act;
   15-7              (2)  the Board verifies that the provisional licensee
   15-8  has the academic and experience requirements for a license under
   15-9  this Act; and
  15-10              (3)  the provisional licensee satisfies any other
  15-11  license requirements under this Act.
  15-12        (e)  The Board must complete the processing of a provisional
  15-13  licensee's application for a license not later than the 180th day
  15-14  after the date the provisional license is issued.
  15-15        SECTION 14.  The Veterinary Licensing Act (Article 8890,
  15-16  Revised Statutes) is amended by adding Section 10B to read as
  15-17  follows:
  15-18        Sec. 10B.  (a)  The Board by rule may provide for the
  15-19  issuance of a temporary license.
  15-20        (b)  The Board by rule may provide for a person who holds a
  15-21  license under this Act to be placed on inactive status.  Rules
  15-22  adopted under this subsection shall include a time limit for a
  15-23  licensee to remain on inactive status.
  15-24        SECTION 15.  Subsections (c), (e), and (f), Section 12, The
  15-25  Veterinary Licensing Act (Article 8890, Revised Statutes), are
  15-26  amended to read as follows:
  15-27        (c)  Examinations may be given orally, in writing, or a
   16-1  practical demonstration of the applicant's skill, or any
   16-2  combination of these as the Board may determine.  The Board shall
   16-3  have the written portion of the examination, if any, validated by
   16-4  an independent testing professional.
   16-5        (e)  Not later than the 30th day after the date on which a
   16-6  licensing examination is administered under this Act, the <The>
   16-7  Board shall notify each examinee of the <examination> results of
   16-8  the examination <not later than the 14th day after the date on
   16-9  which the Board has obtained all of the examination results>.
  16-10  However, if an examination is graded or reviewed by a national
  16-11  testing service, the Board shall notify examinees of the results of
  16-12  the examination not later than the 14th day after the date on which
  16-13  the Board receives the results from the testing service.  If the
  16-14  notice of examination results graded or reviewed by a national
  16-15  testing service will be delayed for longer <more> than 90 days
  16-16  after the examination date, the Board shall notify the examinee of
  16-17  the reason for the delay before the 90th day.
  16-18        (f)  If requested in writing by a person who fails a <the
  16-19  state Board> licensing examination administered under this Act, the
  16-20  Board shall furnish the person with an analysis <a review> of the
  16-21  person's performance on the examination.  <The Board shall conduct
  16-22  the review at its main office in Austin, Texas.>
  16-23        SECTION 16.  Section 13, The Veterinary Licensing Act
  16-24  (Article 8890, Revised Statutes), is amended to read as follows:
  16-25        Sec. 13.  (a)  A person may renew an unexpired license by
  16-26  paying to the Board before the expiration of the license the
  16-27  required renewal fee  <Licenses shall expire March 1st of each
   17-1  calendar year, and any licensee may renew the license on or before
   17-2  March 1st by making written application to the Board setting forth
   17-3  such facts as the Board may require, and by paying the required
   17-4  fee>.
   17-5        (b)  <A person may renew an unexpired license by paying to
   17-6  the Board before the expiration date of the license the required
   17-7  renewal fee.>  If a person's license has been expired for <not more
   17-8  than> 90 days or less, the person may renew the license by paying
   17-9  to the Board the required renewal fee and a fee that is one-half
  17-10  <(1/2)> of the examination fee for the license.
  17-11        (c)  If a person's license has been expired for longer <more>
  17-12  than 90 days but less than one year <two years>, the person may
  17-13  renew the license by paying to the Board all unpaid renewal fees
  17-14  and a fee that is equal to the examination fee for the license.
  17-15        (d)  If a person's license has been expired for one year <two
  17-16  years> or longer <more>, the person may not renew the license.  The
  17-17  person may obtain a new license by submitting to reexamination and
  17-18  complying with the requirements and procedures for obtaining an
  17-19  original license.  However, the Board may renew without
  17-20  reexamination an expired license of a person who was licensed in
  17-21  this state, moved to another state, and is currently licensed and
  17-22  has been in practice in the other state for the two years preceding
  17-23  application.  The person must pay to the Board a fee that is equal
  17-24  to the examination fee for the license.
  17-25        (e)  At least 30 days before the expiration of a person's
  17-26  license, the Board shall send written notice of the impending
  17-27  license expiration to the person at the licensee's last known
   18-1  address according to the records of the Board.
   18-2        (f) <(c)>  The requirements governing the payment of the
   18-3  annual renewal fee and the penalty for late renewal shall not apply
   18-4  to licensees who are on active duty with the Armed Forces of the
   18-5  United States of America and who do not engage in private or
   18-6  civilian practice or to licensees who are permanently and totally
   18-7  retired.
   18-8        (g)  The Board by rule shall establish a minimum number of
   18-9  hours of continuing education required to renew a license under
  18-10  this Act.  The Board may establish broad general categories of
  18-11  continuing education that meet the needs of licensees and may
  18-12  require licensees to successfully complete continuing education
  18-13  courses.
  18-14        <(d)  The Board may recognize, prepare, or implement
  18-15  continuing education programs for veterinarians.  Participation in
  18-16  the programs is voluntary.>
  18-17        SECTION 17.  Section 14, The Veterinary Licensing Act
  18-18  (Article 8890, Revised Statutes), is amended by amending Subsection
  18-19  (a) and adding Subsections (d), (e), and (f) to read as follows:
  18-20        (a)  Except as provided by this section with respect to
  18-21  conviction of a felony under Chapter 481, Health and Safety Code,
  18-22  Section 485.033, Health and Safety Code, or Chapter 483, Health and
  18-23  Safety Code, the Board may revoke or suspend a license, impose a
  18-24  civil penalty, place a licensee or person whose license has been
  18-25  suspended on probation, or reprimand a licensee, or may refuse to
  18-26  examine an applicant or to issue a license or a renewal of a
  18-27  license, after notice and hearing as provided in Section 15 of this
   19-1  Act, or as provided by the rules of the Board, if it finds that an
   19-2  applicant or licensee:
   19-3              (1)  has presented to the Board dishonest or fraudulent
   19-4  evidence of qualification or has been guilty of fraud or deception
   19-5  in the process of examination, or for the purpose of securing a
   19-6  license;
   19-7              (2)  is chronically or habitually intoxicated, has a
   19-8  chemical dependency, or is addicted to drugs;
   19-9              (3)  has engaged in dishonest or illegal practices in
  19-10  or connected with the practice of veterinary medicine;
  19-11              (4)  has been convicted of a felony under the laws of
  19-12  this or any other state of the United States or of the United
  19-13  States;
  19-14              (5)  has engaged in practices or conduct in connection
  19-15  with the practice of veterinary medicine which are violative of the
  19-16  standards of professional conduct as duly promulgated by the Board
  19-17  in accordance with law;
  19-18              (6)  has permitted or allowed another to use his
  19-19  license, or certificate to practice veterinary medicine in this
  19-20  state;
  19-21              (7)  has fraudulently issued a health certificate,
  19-22  vaccination certificate, test chart, or other form used in the
  19-23  practice of veterinary medicine that relates to the presence or
  19-24  absence of animal disease;
  19-25              (8)  has issued a false certificate relating to the
  19-26  sale for human consumption of inedible animal products;
  19-27              (9)  has committed fraud in the application or
   20-1  reporting of any test of animal disease;
   20-2              (10)  has paid or received any kickback, rebate, bonus,
   20-3  or other remuneration for treating an animal or for referring a
   20-4  client to another provider of veterinary services or goods;
   20-5              (11)  has performed or prescribed unnecessary or
   20-6  unauthorized treatment;
   20-7              (12)  has ordered prescription drugs or controlled
   20-8  substances for the treatment of an animal without first
   20-9  establishing a valid veterinarian-patient-client relationship;
  20-10              (13)  has refused to admit a representative of the
  20-11  Board to inspect the client and patient records and business
  20-12  premises of the person during regular business hours;
  20-13              (14)  has failed to keep the equipment and business
  20-14  premises in a sanitary condition;
  20-15              (15)  has committed gross malpractice or is guilty of a
  20-16  pattern of acts indicating consistent malpractice, negligence, or
  20-17  incompetence in the practice of veterinary medicine; or
  20-18              (16)  is subject to a disciplinary action in another
  20-19  jurisdiction, including the suspension, probation, or revocation of
  20-20  a license to practice veterinary medicine issued by another
  20-21  jurisdiction.
  20-22        (d)  A person not licensed under this Act who violates this
  20-23  Act or a rule adopted by the Board under this Act is subject to a
  20-24  civil penalty of $1,000 for each day of violation.  At the request
  20-25  of the Board, the attorney general shall bring an action to recover
  20-26  a civil penalty authorized under this subsection.
  20-27        (e)  In addition to the other disciplinary actions authorized
   21-1  by this section, the Board may require that a licensee who violates
   21-2  this Act participate in continuing education programs.  The Board
   21-3  shall specify the continuing education programs that may be
   21-4  attended and the number of hours that must be completed by an
   21-5  individual licensee to fulfill the requirements of this subsection.
   21-6  However, the continuing education programs specified by the Board
   21-7  must be relevant to the violation, and the number of hours required
   21-8  under this subsection are not in addition to the hours required to
   21-9  renew a license under this Act.
  21-10        (f)  If a license suspension is probated, the Board may
  21-11  require the licensee to:
  21-12              (1)  report regularly to the Board on matters that are
  21-13  the basis of the probation;
  21-14              (2)  limit practice to the areas prescribed by the
  21-15  Board; or
  21-16              (3)  continue or review continuing professional
  21-17  education until the licensee attains a degree of skill satisfactory
  21-18  to the Board in those areas that are the basis of the probation.
  21-19        SECTION 18.  Section 14B, The Veterinary Licensing Act
  21-20  (Article 8890, Revised Statutes), is amended to read as follows:
  21-21        Sec. 14B.  (a)  The <If a person violates this Act in a
  21-22  manner that constitutes grounds for disciplinary action by the
  21-23  Board, the> Board may impose an administrative <assess a civil>
  21-24  penalty against a <that> person who violates a provision of this
  21-25  Act or a rule or order adopted <in addition to taking action> under
  21-26  <Section 14 or 14A of> this Act.
  21-27        (b)  The <Board may assess the civil> penalty for each
   22-1  violation may be in an amount not to exceed $2,500.  The penalty
   22-2  for a violation related to a controlled substance may not exceed
   22-3  $5,000 per violation.
   22-4        (c)  The Board shall base the amount of the penalty on:
   22-5              (1)  the seriousness of the violation, including the
   22-6  nature, circumstances, extent, and gravity of any prohibited acts,
   22-7  and the hazard or potential hazard created to the health, safety,
   22-8  or economic welfare of the public;
   22-9              (2)  the economic harm to property or the environment
  22-10  caused by the violation;
  22-11              (3)  the history of previous violations;
  22-12              (4)  the amount necessary to deter future violations;
  22-13              (5)  efforts to correct the violation; and
  22-14              (6)  any other matter that justice may require.  <In
  22-15  determining the amount of the penalty, the Board shall consider the
  22-16  seriousness of the violation.>
  22-17        SECTION 19.  The Veterinary Licensing Act (Article 8890,
  22-18  Revised Statutes) is amended by adding Section 14C to read as
  22-19  follows:
  22-20        Sec. 14C.  (a)  An executive committee of the Board,
  22-21  consisting of the president of the Board and two other Board
  22-22  members appointed by the president, may temporarily suspend the
  22-23  license of a licensee under this Act if the executive committee
  22-24  determines from the evidence or information presented to the
  22-25  committee that the continued practice by the licensee constitutes a
  22-26  continuing or imminent threat to the public welfare.
  22-27        (b)  A temporary suspension authorized under Subsection (a)
   23-1  of this section may also be ordered on a majority vote of the
   23-2  Board.
   23-3        (c)  A license temporarily suspended under this section may
   23-4  be suspended without notice or hearing if, at the time the
   23-5  suspension is ordered, a hearing on whether disciplinary
   23-6  proceedings under this Act should be initiated against the licensee
   23-7  is scheduled to be held not later than the 14th day after the date
   23-8  of the suspension.  A second hearing on the suspended license shall
   23-9  be held not later than the 60th day after the date the suspension
  23-10  was ordered.  If the second hearing is not held in the time
  23-11  required by this subsection, the suspended license is automatically
  23-12  reinstated.
  23-13        (d)  The Board by rule shall adopt procedures for the
  23-14  temporary suspension of a license under this section.
  23-15        SECTION 20.  Section 15, The Veterinary Licensing Act
  23-16  (Article 8890, Revised Statutes), is amended to read as follows:
  23-17        Sec. 15.  (a)  If the Board refuses to examine an applicant
  23-18  for a license, refuses a person's application for a license,
  23-19  suspends or revokes a person's license, or places on probation,
  23-20  reprimands, or assesses a civil penalty against a licensee, the
  23-21  applicant or licensee is entitled to a hearing before the State
  23-22  Office of Administrative Hearings <Board>.  The proceedings are
  23-23  governed by the Administrative Procedure and Texas Register Act, as
  23-24  amended (Article 6252-13a, Vernon's Texas Civil Statutes).  The
  23-25  schedule of sanctions adopted by the Board by rule shall be used by
  23-26  the State Office of Administrative Hearings for any sanction
  23-27  imposed as the result of a hearing conducted by that office.
   24-1        (b)  The Board may in its discretion conduct deliberations
   24-2  relative to licensee disciplinary actions in executive session.  At
   24-3  the conclusion of its deliberations relative to licensee
   24-4  disciplinary action, the Board shall vote and announce its decision
   24-5  to the licensee in open session.
   24-6        SECTION 21.  Section 17, The Veterinary Licensing Act
   24-7  (Article 8890, Revised Statutes), is amended to read as follows:
   24-8        Sec. 17.  The Board, through the Attorney General or any
   24-9  District or County Attorney, may institute any injunction
  24-10  proceeding or any such other proceeding incident to such injunction
  24-11  proceeding as to enforce the provisions of this Act and to enjoin
  24-12  any person from the practice of veterinary medicine, as defined in
  24-13  this Act, without such person having complied with the other
  24-14  provisions of this Act.  The venue for such injunction proceedings
  24-15  shall be in the county of the residence of the person against whom
  24-16  such injunction proceedings are instituted.  If the person does not
  24-17  reside in this state, venue is in Travis County.
  24-18        SECTION 22.  Subsection (b), Section 18, The Veterinary
  24-19  Licensing Act (Article 8890, Revised Statutes), is amended to read
  24-20  as follows:
  24-21        (b)  A person commits an offense if the person violates this
  24-22  Act.  An offense under this subsection is a Class A <B>
  24-23  misdemeanor.
  24-24        SECTION 23.  Section 18A, The Veterinary Licensing Act
  24-25  (Article 8890, Revised Statutes), is amended to read as follows:
  24-26        Sec. 18A.  (a)  The Board shall prepare information of public
  24-27  <consumer> interest describing the <regulatory> functions of the
   25-1  Board and the Board's procedures by which <consumer> complaints are
   25-2  filed with and resolved by the Board.  The Board shall make the
   25-3  information available to the <general> public and appropriate state
   25-4  agencies.
   25-5        (b)  The Board by rule shall establish methods by which
   25-6  consumers and service recipients are notified of the name, mailing
   25-7  address, and telephone number of the Board for the purpose of
   25-8  directing complaints to the Board.
   25-9        (c)  The Board shall list along with its regular telephone
  25-10  number the toll-free telephone number that may be called to present
  25-11  a complaint about a veterinarian if the toll-free number is
  25-12  established under other state law <shall maintain an information
  25-13  file about each complaint filed with the Board relating to a
  25-14  licensee.>
  25-15        <(c)  If a written complaint is filed with the Board relating
  25-16  to a licensee, the Board, at least as frequently as quarterly and
  25-17  until final disposition of the complaint, shall notify the parties
  25-18  to the complaint of the status of the complaint unless the notice
  25-19  would jeopardize an undercover investigation>.
  25-20        SECTION 24.  Section 18B, The Veterinary Licensing Act
  25-21  (Article 8890, Revised Statutes), is amended to read as follows:
  25-22        Sec. 18B.  (a)  The Board shall maintain an information file
  25-23  about each complaint filed with the Board <relating to a licensee>.
  25-24  The Board's information file shall be kept current and contain a
  25-25  record for each complaint of:
  25-26              (1)  all persons contacted in relation to the
  25-27  complaint;
   26-1              (2)  a summary of findings made at each step of the
   26-2  complaint process;
   26-3              (3)  an explanation of the legal basis and reason for a
   26-4  complaint that is dismissed; and
   26-5              (4)  other relevant information.
   26-6        (b)  If a written complaint is filed with the Board that the
   26-7  Board has authority to resolve <relating to a licensee>, the Board,
   26-8  at least as frequently as quarterly and until final disposition of
   26-9  the complaint, shall notify the parties to the complaint of the
  26-10  status of the complaint unless the notice would jeopardize an
  26-11  undercover investigation.
  26-12        (c)  The Board by rule shall adopt a form to standardize
  26-13  information concerning complaints made to the Board.  The Board by
  26-14  rule shall prescribe information to be provided to a person when
  26-15  the person files a complaint with the Board.
  26-16        (d)  The Board shall provide reasonable assistance to a
  26-17  person who wishes to file a complaint with the Board.
  26-18        SECTION 25.  The Veterinary Licensing Act (Article 8890,
  26-19  Revised Statutes) is amended by adding Section 18D to read as
  26-20  follows:
  26-21        Sec. 18D.  (a)  The Board shall adopt rules concerning the
  26-22  investigation of a complaint filed with the Board.  The rules
  26-23  adopted under this subsection shall:
  26-24              (1)  distinguish between categories of complaints;
  26-25              (2)  ensure that complaints are not dismissed without
  26-26  appropriate consideration;
  26-27              (3)  require that the Board be advised of a complaint
   27-1  that is dismissed and that a letter be sent to the person who filed
   27-2  the complaint explaining the action taken on the dismissed
   27-3  complaint;
   27-4              (4)  ensure that the person who filed the complaint has
   27-5  an opportunity to explain the allegations made in the complaint;
   27-6  and
   27-7              (5)  prescribe guidelines concerning the categories of
   27-8  complaints that require the use of a private investigator and the
   27-9  procedures for the Board to obtain the services of a private
  27-10  investigator.
  27-11        (b)  The Board shall dispose of all complaints in a timely
  27-12  manner.  The Board shall establish a schedule for conducting each
  27-13  phase of a complaint that is under the control of the Board not
  27-14  later than the 30th day after the date the complaint is received by
  27-15  the Board.  The schedule shall be kept in the information file for
  27-16  the complaint and all parties shall be notified of the projected
  27-17  time requirements for pursuing the complaint.  A change in the
  27-18  schedule must be noted in the complaint information file and all
  27-19  parties to the complaint must be notified not later than the
  27-20  seventh day after the date the change is made.
  27-21        (c)  The executive director of the Board shall notify the
  27-22  Board of a complaint that extends beyond the time prescribed by the
  27-23  Board for resolving the complaint so that the Board may take
  27-24  necessary action on the complaint.
  27-25        SECTION 26.  The Veterinary Licensing Act (Article 8890,
  27-26  Revised Statutes) is amended by adding Section 18E to read as
  27-27  follows:
   28-1        Sec. 18E.  (a)  A veterinarian may not violate the
   28-2  confidential relationship between the veterinarian and a client and
   28-3  may not be required to disclose any information concerning the
   28-4  veterinarian's care for an animal except on written authorization
   28-5  or another form of waiver executed by the client or on receipt by
   28-6  the veterinarian of an appropriate court order or subpoena.
   28-7        (b)  A veterinarian who releases information on written
   28-8  authorization or another form of waiver executed by the client or
   28-9  on receipt by the veterinarian of an appropriate court order or
  28-10  subpoena is not liable to the client or any other person for an
  28-11  action resulting from the release of that information.
  28-12        (c)  The privilege under this section is waived to the extent
  28-13  that the client of a veterinarian or the owner of an animal treated
  28-14  by the veterinarian places the care and treatment of the animal by
  28-15  the veterinarian or the nature and extent of injuries of an animal
  28-16  treated by the veterinarian at issue in a civil or criminal
  28-17  proceeding.
  28-18        (d)  This section does not apply to inspections or
  28-19  investigations conducted by the Board or an agent of the Board.
  28-20        SECTION 27.  The Veterinary Licensing Act (Article 8890,
  28-21  Revised Statutes) is amended by adding Section 18F to read as
  28-22  follows:
  28-23        Sec. 18F.  (a)  The Board by rule shall adopt procedures
  28-24  governing:
  28-25              (1)  informal disposition of a contested case under
  28-26  Section 13(e), Administrative Procedure and Texas Register Act
  28-27  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
   29-1  subsequent amendments; and
   29-2              (2)  informal proceedings held in compliance with
   29-3  Section 18(c), Administrative Procedure and Texas Register Act
   29-4  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
   29-5  subsequent amendments.
   29-6        (b)  Rules adopted under this section must provide the
   29-7  complainant and the licensee an opportunity to be heard and must
   29-8  require the presence of a representative of the office of the
   29-9  Attorney General to advise the Board or Board's employees.
  29-10        SECTION 28.  The Veterinary Licensing Act (Article 8890,
  29-11  Revised Statutes) is amended by adding Section 18G to read as
  29-12  follows:
  29-13        Sec. 18G.  The Board by rule shall develop a system for
  29-14  monitoring licensees' compliance with the requirements of this Act.
  29-15  Rules adopted under this section shall include procedures for
  29-16  monitoring a licensee who is ordered by the Board to perform
  29-17  certain acts to ascertain that the license holder performs the
  29-18  required acts and to identify and monitor licensees who represent a
  29-19  risk to the public.
  29-20        SECTION 29.  Section 19, The Veterinary Licensing Act
  29-21  (Article 8890, Revised Statutes), is amended to read as follows:
  29-22        Sec. 19.  (a)  The Board by rule shall establish reasonable
  29-23  and necessary fees so that the fees, in the aggregate, produce
  29-24  sufficient revenue to cover the costs of administering <for the
  29-25  administration of> this Act.
  29-26        (b)  The <board shall not maintain unnecessary fund balances,
  29-27  and> fee amounts <shall be> set by the Board may be adjusted so
   30-1  that the total fees collected are sufficient to cover the costs of
   30-2  administering this Act <in accordance with this requirement>.
   30-3        (c)  The Board may not set a fee for an amount less than the
   30-4  amount of that fee on September 1, 1993.
   30-5        SECTION 30.  Subsection (c), Section 20, The Veterinary
   30-6  Licensing Act (Article 8890, Revised Statutes), is amended to read
   30-7  as follows:
   30-8        (c)  The Board shall file annually with the governor and the
   30-9  presiding officer of each house of the legislature a complete and
  30-10  detailed written report accounting for all funds received and
  30-11  disbursed by the Board during the preceding fiscal year.  The
  30-12  annual report must be in the form and reported in the time provided
  30-13  by the General Appropriations Act <On or before January 1 of each
  30-14  year, the Board shall make in writing to the Governor and the
  30-15  Presiding Officer of each House of the Legislature a complete and
  30-16  detailed annual report accounting for all funds received and
  30-17  disbursed by the Board during the preceding year>.
  30-18        SECTION 31.  Section 22, The Veterinary Licensing Act
  30-19  (Article 8890, Revised Statutes), is amended to read as follows:
  30-20        Sec. 22.  (a)  No sole proprietorship, partnership, or
  30-21  corporation shall engage in veterinary medicine unless the owner,
  30-22  partners, or shareholders, respectively, are all licensees.
  30-23        (b)  A partnership between a veterinarian and a member of
  30-24  another profession or a person who is not a member of a profession
  30-25  may not be formed or permitted if a part of the partnership
  30-26  employment consists of the practice of veterinary medicine <Each of
  30-27  the following fees imposed by or under another section of this Act
   31-1  is increased by $200:>
   31-2              <(1)  any examination fee established by the Board; and>
   31-3              <(2)  any license renewal fee established by the Board.>
   31-4        <(b)  Of each fee increase collected, $50 shall be deposited
   31-5  to the credit of the foundation school fund and $150 shall be
   31-6  deposited to the credit of the general revenue fund.  This
   31-7  subsection applies to the disposition of each fee increase
   31-8  regardless of any other provision of law providing for a different
   31-9  disposition of funds>.
  31-10        SECTION 32.  The Veterinary Licensing Act (Article 8890,
  31-11  Revised Statutes) is amended by adding Sections 23 and 24 to read
  31-12  as follows:
  31-13        Sec. 23.  (a)  The practice of a veterinarian who leases
  31-14  space from and practices veterinary medicine on the premises of a
  31-15  mercantile establishment must be owned by a licensed veterinarian.
  31-16  The practice and the leased premises must be under the exclusive
  31-17  control of a licensed veterinarian.  The leased space must be
  31-18  definite and apart from the space occupied by other occupants of
  31-19  the premises.  The space must be separated from space used by other
  31-20  occupants of the premises by the use of solid, opaque partitions or
  31-21  walls from floor to ceiling.  Railings, curtains, and other similar
  31-22  arrangements are not sufficient to comply with the requirement of
  31-23  this subsection.  The leased space shall have a patient's entrance
  31-24  opening on a public street, hall, lobby, corridor, or other public
  31-25  thoroughfare.  The aisle of a mercantile establishment does not
  31-26  comply with the requirement of this subsection.  An entrance to the
  31-27  leased space is not a patient's entrance within the meaning of this
   32-1  subsection unless the entrance is actually used as an entrance by
   32-2  the veterinarian's patients.  No part of the veterinarian's
   32-3  practice may be conducted as a department or concession of the
   32-4  mercantile veterinary establishment and there may not be legends or
   32-5  signs stating "Veterinary Department" or other similar words
   32-6  displayed in the premises or in any advertising for the premises.
   32-7  A veterinarian may not permit the veterinarian's name to be
   32-8  directly or indirectly associated with the mercantile
   32-9  establishment.  This paragraph shall not prohibit the delivery of
  32-10  temporary limited-service veterinary activities, including
  32-11  preventative veterinary services, such as vaccinations and testing,
  32-12  at a mercantile establishment not owned or under the exclusive
  32-13  control of a veterinarian so long as such services are delivered by
  32-14  a veterinarian and are periodic only in nature.  The Board may
  32-15  establish by rule the conditions under which such services may be
  32-16  provided.
  32-17        (b)  All patient and business records of the practice are the
  32-18  sole property of the veterinarian and free from the control of the
  32-19  mercantile establishment or any person not licensed under this Act.
  32-20  Business records essential to the initiation or continuation of a
  32-21  percentage of gross receipts lease of space may be inspected by the
  32-22  applicable lessor.  Nothing in this subsection prohibits a
  32-23  veterinarian from entering into a management agreement and
  32-24  permitting employees or agents of the management company to have
  32-25  access to or copies of patient records as necessary for management
  32-26  functions.
  32-27        (c)  It shall not be construed as a violation of this Act for
   33-1  a veterinarian or a business entity authorized by the provisions of
   33-2  this Act to render veterinary services to lease space, to pay for
   33-3  franchise fees or other services on a percentage of receipts basis,
   33-4  or to sell, transfer, or assign accounts receivable.
   33-5        Sec. 24.  In the event of the death of a licensed
   33-6  veterinarian, the practice ownership and patient records become the
   33-7  property of the veterinarian's heirs to dispose of as necessary not
   33-8  later than the second anniversary of the veterinarian's death.
   33-9        SECTION 33.  Section 483.042, Health and Safety Code, is
  33-10  amended by adding Subsection (e) to read as follows:
  33-11        (e)  The labeling provisions of Subsection (a) do not apply
  33-12  to a dangerous drug prescribed or dispensed for administration to
  33-13  food production animals in an agricultural operation under a
  33-14  written medical directive or treatment guideline from a
  33-15  veterinarian licensed under The Veterinary Licensing Act (Article
  33-16  8890, Revised Statutes) and its subsequent amendments.
  33-17        SECTION 34.  (a)  On the effective date of this Act, a
  33-18  contested case pending before the State Board of Veterinary Medical
  33-19  Examiners is transferred to the State Office of Administrative
  33-20  Hearings.  A proceeding transferred under this subsection is
  33-21  treated as if the actions taken in the proceedings had been taken
  33-22  by the State Office of Administrative Hearings.
  33-23        (b)  The changes in law made by this Act relating to a
  33-24  penalty that may be imposed apply only to a violation of The
  33-25  Veterinary Licensing Act (Article 8890, Revised Statutes) or a rule
  33-26  adopted by the State Board of Veterinary Medical Examiners that
  33-27  occurs on or after the effective date of this Act only if each
   34-1  element of the violation occurs on or after that date.  A violation
   34-2  that occurs before the effective date of this Act is governed by
   34-3  the law in effect on the date the violation occurred, and the
   34-4  former law is continued in effect for this purpose.
   34-5        (c)  The changes in law made by this Act in the
   34-6  qualifications of members of the State Board of Veterinary Medical
   34-7  Examiners do not affect the entitlement of a member appointed
   34-8  before September 1, 1993, to continue to hold office on the board
   34-9  for the term for which the member was appointed.  The changes in
  34-10  the qualifications apply only to a member appointed on or after
  34-11  September 1, 1993.
  34-12        SECTION 35.  This Act takes effect September 1, 1993.
  34-13        SECTION 36.  The importance of this legislation and the
  34-14  crowded condition of the calendars in both houses create an
  34-15  emergency and an imperative public necessity that the
  34-16  constitutional rule requiring bills to be read on three several
  34-17  days in each house be suspended, and this rule is hereby suspended.