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.