S.B. No. 623
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 ophthalmology, 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 duties 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. The Veterinary Licensing Act (Article 8890,
11-3 Revised Statutes) is amended by adding Section 5C to read as
11-4 follows:
11-5 Sec. 5C. (a) The Board shall establish a training program
11-6 for the members of the Board.
11-7 (b) Before a member of the Board may assume the member's
11-8 duties, the member must complete at least one course of the
11-9 training program established under this section, and before the
11-10 member may be confirmed by the senate, the member must pass an
11-11 examination given in conjunction with the Attorney General on
11-12 subjects described by Subsections (c)(7), (8), and (9) of this
11-13 section.
11-14 (c) A training program established under this section shall
11-15 provide information to a participant regarding:
11-16 (1) the enabling legislation that created the Board to
11-17 which the member is appointed;
11-18 (2) the programs operated by the Board;
11-19 (3) the role and functions of the Board;
11-20 (4) the rules of the Board with an emphasis on the
11-21 rules that relate to disciplinary and investigatory authority;
11-22 (5) the current budget for the Board;
11-23 (6) the results of the most recent formal audit of the
11-24 Board;
11-25 (7) the requirements of the:
11-26 (A) open meetings law, Chapter 271, Acts of the
11-27 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
12-1 Texas Civil Statutes), and its subsequent amendments;
12-2 (B) open records law, Chapter 424, Acts of the
12-3 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
12-4 Texas Civil Statutes), and its subsequent amendments; and
12-5 (C) Administrative Procedure and Texas Register
12-6 Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
12-7 subsequent amendments;
12-8 (8) the requirements of the conflict of interest laws
12-9 and other laws relating to public officials; and
12-10 (9) any applicable ethics policies adopted by the
12-11 Board or the Texas Ethics Commission.
12-12 (d) In developing the training requirements provided for in
12-13 this section, the Board shall consult with the governor's office,
12-14 the attorney general's office, and the Texas Ethics Commission.
12-15 (e) In the event that another state agency or entity is
12-16 given the authority to establish the training requirements, the
12-17 Board shall allow that training in lieu of developing its own
12-18 program.
12-19 SECTION 9. Subsection (b), Section 6, The Veterinary
12-20 Licensing Act (Article 8890, Revised Statutes), is amended to read
12-21 as follows:
12-22 (b) The executive director or the executive director's
12-23 designee shall develop an intra-agency <intraagency> career ladder
12-24 program. The program shall require intra-agency<, one part of
12-25 which shall be the intraagency> posting of all nonentry level
12-26 positions concurrently with <for at least 10 days before> any
12-27 public posting.
13-1 SECTION 10. The Veterinary Licensing Act (Article 8890,
13-2 Revised Statutes) is amended by adding Section 6A to read as
13-3 follows:
13-4 Sec. 6A. (a) The executive director or the director's
13-5 designee shall prepare and maintain a written policy statement to
13-6 ensure implementation of a program of equal employment opportunity
13-7 under which all personnel transactions are made without regard to
13-8 race, color, disability, sex, religion, age, or national origin.
13-9 The policy statement must include:
13-10 (1) personnel policies, including policies relating to
13-11 recruitment, evaluation, selection, application, training, and
13-12 promotion of personnel that are in compliance with the Commission
13-13 on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes)
13-14 and its subsequent amendments;
13-15 (2) a comprehensive analysis of the Board work force
13-16 that meets federal and state guidelines;
13-17 (3) procedures by which a determination can be made of
13-18 significant underutilization in the Board work force of all persons
13-19 for whom federal or state guidelines encourage a more equitable
13-20 balance; and
13-21 (4) reasonable methods to address those areas of
13-22 underutilization appropriately.
13-23 (b) A policy statement prepared under Subsection (a) of this
13-24 section must cover an annual period, be updated annually, be
13-25 reviewed by the Commission on Human Rights for compliance with
13-26 Subsection (a)(1) of this section, and be filed with the governor's
13-27 office.
14-1 (c) The governor's office shall deliver a biennial report to
14-2 the legislature based on the information received under Subsection
14-3 (b) of this section. The report may be made separately or as part
14-4 of other biennial reports to the legislature.
14-5 SECTION 11. The Veterinary Licensing Act (Article 8890,
14-6 Revised Statutes) is amended by adding Section 6B to read as
14-7 follows:
14-8 Sec. 6B. (a) The Board shall develop and implement policies
14-9 that provide the public with a reasonable opportunity to appear
14-10 before the Board and to speak on any issue under the jurisdiction
14-11 of the Board.
14-12 (b) The Board shall prepare and maintain a written plan that
14-13 describes how a person who does not speak English can be provided
14-14 reasonable access to the Board's programs. The Board shall also
14-15 comply with federal and state laws for program and facility
14-16 accessibility.
14-17 SECTION 12. Subsections (b) and (c), Section 7, The
14-18 Veterinary Licensing Act (Article 8890, Revised Statutes), are
14-19 amended to read as follows:
14-20 (b) The Board shall adopt rules to protect the public and to
14-21 ensure that the performance of alternate therapies, including
14-22 ultrasound diagnosis and therapy, magnetic field therapy, holistic
14-23 medicine, homeopathy, chiropractic treatment, acupuncture, and
14-24 laser therapy are performed only by a licensee or under the
14-25 supervision of a licensee.
14-26 (c) The Board may adopt rules for the use of registered
14-27 veterinary technicians working under the supervision of a licensee.
15-1 (d) The Board shall require its licensees to maintain a
15-2 record-keeping system for controlled substances, as prescribed by
15-3 Chapter 481, Health and Safety Code. The records are subject to
15-4 review by law enforcement agencies and by representatives of the
15-5 Board. A failure to keep such records shall be grounds for
15-6 revoking, cancelling, suspending, or probating the license of any
15-7 practitioner of veterinary medicine.
15-8 (e) <(c)> After notice and hearing, the Board may approve an
15-9 exception to a rule adopted by the Board. The Board may consider
15-10 an exception on the request of a person subject to regulation by
15-11 the Board.
15-12 SECTION 13. Subsection (d), Section 9, The Veterinary
15-13 Licensing Act (Article 8890, Revised Statutes), is amended to read
15-14 as follows:
15-15 (d) The investigation files and records of the Board,
15-16 including files and records relating to complaints found to be
15-17 groundless, are confidential.
15-18 SECTION 14. Section 10, The Veterinary Licensing Act
15-19 (Article 8890, Revised Statutes), is amended by amending Subsection
15-20 (b) and adding Subsections (c), (d), and (e) to read as follows:
15-21 (b) The Board may grant a provisional license to an
15-22 applicant who presents proof of a current license in another state,
15-23 the District of Columbia, or a territory of the United States that
15-24 maintains professional standards considered by the Board to be
15-25 equivalent to those set forth in this Act <waive any license
15-26 requirement for an applicant with a valid license from any
15-27 jurisdiction whose licensing requirements are approved by the
16-1 Board. The Board may require the applicant to demonstrate
16-2 proficiency and competency through a skills assessment examination
16-3 prescribed by the Board>. An applicant for a provisional license
16-4 under this section must:
16-5 (1) be licensed in good standing as a veterinarian in
16-6 another state, the District of Columbia, or a territory of the
16-7 United States that has licensing requirements that are
16-8 substantially equivalent to the requirements of this Act;
16-9 (2) have passed a national or other examination
16-10 recognized by the Board relating to veterinary medicine; and
16-11 (3) be sponsored by a person licensed by the Board
16-12 under this Act with whom the provisional licensee may practice
16-13 under this section.
16-14 (c) An applicant for a provisional license may be excused
16-15 from the requirement of Subsection (b)(3) of this section if the
16-16 Board determines that compliance with that subsection constitutes a
16-17 hardship to the applicant.
16-18 (d) A provisional license is valid until the date the Board
16-19 approves or denies the provisional licensee's application for a
16-20 license. The Board shall issue a license under this Act to the
16-21 holder of a provisional license under this section if:
16-22 (1) the provisional licensee passes the examination
16-23 under Section 12 of this Act;
16-24 (2) the Board verifies that the provisional licensee
16-25 has the academic and experience requirements for a license under
16-26 this Act; and
16-27 (3) the provisional licensee satisfies any other
17-1 license requirements under this Act.
17-2 (e) The Board must complete the processing of a provisional
17-3 licensee's application for a license not later than the 180th day
17-4 after the date the provisional license is issued.
17-5 SECTION 15. The Veterinary Licensing Act (Article 8890,
17-6 Revised Statutes) is amended by adding Section 10B to read as
17-7 follows:
17-8 Sec. 10B. (a) The Board by rule may provide for the
17-9 issuance of a temporary license.
17-10 (b) The Board by rule may provide for a person who holds a
17-11 license under this Act to be placed on inactive status. Rules
17-12 adopted under this subsection shall include a time limit for a
17-13 licensee to remain on inactive status.
17-14 SECTION 16. Subsections (c), (e), and (f), Section 12, The
17-15 Veterinary Licensing Act (Article 8890, Revised Statutes), are
17-16 amended to read as follows:
17-17 (c) Examinations may be given orally, in writing, or a
17-18 practical demonstration of the applicant's skill, or any
17-19 combination of these as the Board may determine. The Board shall
17-20 have the written portion of the examination, if any, validated by
17-21 an independent testing professional.
17-22 (e) Not later than the 30th day after the date on which a
17-23 licensing examination is administered under this Act, the <The>
17-24 Board shall notify each examinee of the <examination> results of
17-25 the examination <not later than the 14th day after the date on
17-26 which the Board has obtained all of the examination results>.
17-27 However, if an examination is graded or reviewed by a national
18-1 testing service, the Board shall notify examinees of the results of
18-2 the examination not later than the 14th day after the date on which
18-3 the Board receives the results from the testing service. If the
18-4 notice of examination results graded or reviewed by a national
18-5 testing service will be delayed for longer <more> than 90 days
18-6 after the examination date, the Board shall notify the examinee of
18-7 the reason for the delay before the 90th day.
18-8 (f) If requested in writing by a person who fails a <the
18-9 state Board> licensing examination administered under this Act, the
18-10 Board shall furnish the person with an analysis <a review> of the
18-11 person's performance on the examination. <The Board shall conduct
18-12 the review at its main office in Austin, Texas.>
18-13 SECTION 17. Section 13, The Veterinary Licensing Act
18-14 (Article 8890, Revised Statutes), is amended to read as follows:
18-15 Sec. 13. (a) A person may renew an unexpired license by
18-16 paying to the Board before the expiration of the license the
18-17 required renewal fee <Licenses shall expire March 1st of each
18-18 calendar year, and any licensee may renew the license on or before
18-19 March 1st by making written application to the Board setting forth
18-20 such facts as the Board may require, and by paying the required
18-21 fee>.
18-22 (b) <A person may renew an unexpired license by paying to
18-23 the Board before the expiration date of the license the required
18-24 renewal fee.> If a person's license has been expired for <not more
18-25 than> 90 days or less, the person may renew the license by paying
18-26 to the Board the required renewal fee and a fee that is one-half
18-27 <(1/2)> of the examination fee for the license.
19-1 (c) If a person's license has been expired for longer <more>
19-2 than 90 days but less than one year <two years>, the person may
19-3 renew the license by paying to the Board all unpaid renewal fees
19-4 and a fee that is equal to the examination fee for the license.
19-5 (d) If a person's license has been expired for one year <two
19-6 years> or longer <more>, the person may not renew the license. The
19-7 person may obtain a new license by submitting to reexamination and
19-8 complying with the requirements and procedures for obtaining an
19-9 original license. However, the Board may renew without
19-10 reexamination an expired license of a person who was licensed in
19-11 this state, moved to another state, and is currently licensed and
19-12 has been in practice in the other state for the two years preceding
19-13 application. The person must pay to the Board a fee that is equal
19-14 to the examination fee for the license.
19-15 (e) At least 30 days before the expiration of a person's
19-16 license, the Board shall send written notice of the impending
19-17 license expiration to the person at the licensee's last known
19-18 address according to the records of the Board.
19-19 (f) <(c)> The requirements governing the payment of the
19-20 annual renewal fee and the penalty for late renewal shall not apply
19-21 to licensees who are on active duty with the Armed Forces of the
19-22 United States of America and who do not engage in private or
19-23 civilian practice or to licensees who are permanently and totally
19-24 retired.
19-25 (g) The Board by rule shall establish a minimum number of
19-26 hours of continuing education required to renew a license under
19-27 this Act. The Board may establish broad general categories of
20-1 continuing education that meet the needs of licensees and may
20-2 require licensees to successfully complete continuing education
20-3 courses.
20-4 <(d) The Board may recognize, prepare, or implement
20-5 continuing education programs for veterinarians. Participation in
20-6 the programs is voluntary.>
20-7 SECTION 18. Section 14, The Veterinary Licensing Act
20-8 (Article 8890, Revised Statutes), is amended by amending Subsection
20-9 (a) and adding Subsections (d), (e), and (f) to read as follows:
20-10 (a) Except as provided by this section with respect to
20-11 conviction of a felony under Chapter 481, Health and Safety Code,
20-12 Section 485.033, Health and Safety Code, or Chapter 483, Health and
20-13 Safety Code, the Board may revoke or suspend a license, impose a
20-14 civil penalty, place a licensee or person whose license has been
20-15 suspended on probation, or reprimand a licensee, or may refuse to
20-16 examine an applicant or to issue a license or a renewal of a
20-17 license, after notice and hearing as provided in Section 15 of this
20-18 Act, or as provided by the rules of the Board, if it finds that an
20-19 applicant or licensee:
20-20 (1) has presented to the Board dishonest or fraudulent
20-21 evidence of qualification or has been guilty of fraud or deception
20-22 in the process of examination, or for the purpose of securing a
20-23 license;
20-24 (2) is chronically or habitually intoxicated, has a
20-25 chemical dependency, or is addicted to drugs;
20-26 (3) has engaged in dishonest or illegal practices in
20-27 or connected with the practice of veterinary medicine;
21-1 (4) has been convicted of a felony under the laws of
21-2 this or any other state of the United States or of the United
21-3 States;
21-4 (5) has engaged in practices or conduct in connection
21-5 with the practice of veterinary medicine which are violative of the
21-6 standards of professional conduct as duly promulgated by the Board
21-7 in accordance with law;
21-8 (6) has permitted or allowed another to use his
21-9 license, or certificate to practice veterinary medicine in this
21-10 state;
21-11 (7) has fraudulently issued a health certificate,
21-12 vaccination certificate, test chart, or other form used in the
21-13 practice of veterinary medicine that relates to the presence or
21-14 absence of animal disease;
21-15 (8) has issued a false certificate relating to the
21-16 sale for human consumption of inedible animal products;
21-17 (9) has committed fraud in the application or
21-18 reporting of any test of animal disease;
21-19 (10) has paid or received any kickback, rebate, bonus,
21-20 or other remuneration for treating an animal or for referring a
21-21 client to another provider of veterinary services or goods;
21-22 (11) has performed or prescribed unnecessary or
21-23 unauthorized treatment;
21-24 (12) has ordered prescription drugs or controlled
21-25 substances for the treatment of an animal without first
21-26 establishing a valid veterinarian-patient-client relationship;
21-27 (13) has refused to admit a representative of the
22-1 Board to inspect the client and patient records and business
22-2 premises of the person during regular business hours;
22-3 (14) has failed to keep the equipment and business
22-4 premises in a sanitary condition;
22-5 (15) has committed gross malpractice or is guilty of a
22-6 pattern of acts indicating consistent malpractice, negligence, or
22-7 incompetence in the practice of veterinary medicine; or
22-8 (16) is subject to a disciplinary action in another
22-9 jurisdiction, including the suspension, probation, or revocation of
22-10 a license to practice veterinary medicine issued by another
22-11 jurisdiction.
22-12 (d) A person not licensed under this Act who violates this
22-13 Act or a rule adopted by the Board under this Act is subject to a
22-14 civil penalty of $1,000 for each day of violation. At the request
22-15 of the Board, the attorney general shall bring an action to recover
22-16 a civil penalty authorized under this subsection.
22-17 (e) In addition to the other disciplinary actions authorized
22-18 by this section, the Board may require that a licensee who violates
22-19 this Act participate in continuing education programs. The Board
22-20 shall specify the continuing education programs that may be
22-21 attended and the number of hours that must be completed by an
22-22 individual licensee to fulfill the requirements of this subsection.
22-23 However, the continuing education programs specified by the Board
22-24 must be relevant to the violation, and the number of hours required
22-25 under this subsection are not in addition to the hours required to
22-26 renew a license under this Act.
22-27 (f) If a license suspension is probated, the Board may
23-1 require the licensee to:
23-2 (1) report regularly to the Board on matters that are
23-3 the basis of the probation;
23-4 (2) limit practice to the areas prescribed by the
23-5 Board; or
23-6 (3) continue or review continuing professional
23-7 education until the licensee attains a degree of skill satisfactory
23-8 to the Board in those areas that are the basis of the probation.
23-9 SECTION 19. Section 14B, The Veterinary Licensing Act
23-10 (Article 8890, Revised Statutes), is amended to read as follows:
23-11 Sec. 14B. (a) The <If a person violates this Act in a
23-12 manner that constitutes grounds for disciplinary action by the
23-13 Board, the> Board may impose an administrative <assess a civil>
23-14 penalty against a <that> person who violates a provision of this
23-15 Act or a rule or order adopted <in addition to taking action> under
23-16 <Section 14 or 14A of> this Act.
23-17 (b) The <Board may assess the civil> penalty for each
23-18 violation may be in an amount not to exceed $2,500. The penalty
23-19 for a violation related to a controlled substance may not exceed
23-20 $5,000 per violation.
23-21 (c) The Board shall base the amount of the penalty on:
23-22 (1) the seriousness of the violation, including the
23-23 nature, circumstances, extent, and gravity of any prohibited acts,
23-24 and the hazard or potential hazard created to the health, safety,
23-25 or economic welfare of the public;
23-26 (2) the economic harm to property or the environment
23-27 caused by the violation;
24-1 (3) the history of previous violations;
24-2 (4) the amount necessary to deter future violations;
24-3 (5) efforts to correct the violation; and
24-4 (6) any other matter that justice may require. <In
24-5 determining the amount of the penalty, the Board shall consider the
24-6 seriousness of the violation.>
24-7 (d) A subcommittee of the Board shall recommend the amount
24-8 of the penalty based on a standardized penalty schedule. The
24-9 subcommittee shall consist of at least one public member of the
24-10 Board. The penalty schedule used by the subcommittee shall be
24-11 developed by the Board, through rule, and shall be based on the
24-12 criteria in Subsection (c) of this section.
24-13 (e) If the subcommittee of the Board determines that a
24-14 violation has occurred, it may issue to the Board a report that
24-15 states the facts on which the determination is based and the
24-16 subcommittee's recommendation on the imposition of a penalty,
24-17 including a recommendation on the amount of the penalty.
24-18 (f) Within 14 days after the date the report is issued to
24-19 the Board, the executive director shall give written notice of the
24-20 subcommittee's report to the person who committed the violation.
24-21 The notice may be given by certified mail. The notice must include
24-22 a notice of all the alleged violations and a statement of the
24-23 amount of the recommended penalty and must inform the person that
24-24 the person has a right to a hearing on the occurrence of the
24-25 violation, the amount of the penalty, or both the occurrence of the
24-26 violation and the amount of the penalty.
24-27 (g) Within 20 days after the date the person receives the
25-1 notice, the person in writing may accept the determination and
25-2 recommended penalty of the subcommittee or may make a written
25-3 request for a hearing on the occurrence of the violation, the
25-4 amount of the penalty, or both the occurrence of the violation and
25-5 the amount of the penalty.
25-6 (h) If the person accepts the determination and recommended
25-7 penalty of the subcommittee, the Board by order shall approve the
25-8 determination and impose the recommended penalty.
25-9 (i) If the person requests a hearing or fails to respond
25-10 timely to the notice, the executive director shall set a hearing
25-11 and give notice of the hearing to the person. The hearing shall be
25-12 held by an administrative law judge of the State Office of
25-13 Administrative Hearings. The administrative law judge shall make
25-14 findings of fact and conclusions of law and promptly issue to the
25-15 Board a proposal for a decision about the occurrence of the
25-16 violation and the amount of a proposed penalty. Based on the
25-17 findings of fact, conclusions of law, and proposal for a decision,
25-18 the Board by order may find that a violation has occurred and
25-19 impose a penalty or may find that no violation occurred.
25-20 (j) The notice of the Board's order given to the person
25-21 under the Administrative Procedure and Texas Register Act (Article
25-22 6252-13a, Vernon's Texas Civil Statutes) and its subsequent
25-23 amendments must include a statement of the right of the person to
25-24 judicial review of the order.
25-25 (k) Within 30 days after the date the Board's order is final
25-26 as provided by Section 16(c), Administrative Procedure and Texas
25-27 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), and
26-1 its subsequent amendments, the person shall:
26-2 (1) pay the amount of the penalty;
26-3 (2) pay the amount of the penalty and file a petition
26-4 for judicial review contesting the occurrence of the violation, the
26-5 amount of the penalty, or both the occurrence of the violation and
26-6 the amount of the penalty; or
26-7 (3) without paying the amount of the penalty, file a
26-8 petition for judicial review contesting the occurrence of the
26-9 violation, the amount of the penalty, or both the occurrence of the
26-10 violation and the amount of the penalty.
26-11 (l) Within the 30-day period, a person who acts under
26-12 Subsection (k)(3) of this section may:
26-13 (1) stay enforcement of the penalty by:
26-14 (A) paying the amount of the penalty to the
26-15 court for placement in an escrow account; or
26-16 (B) giving to the court a supersedeas bond that
26-17 is approved by the court for the amount of the penalty and that is
26-18 effective until all judicial review of the Board's order is final;
26-19 or
26-20 (2) request the court to stay enforcement of the
26-21 penalty by:
26-22 (A) filing with the court a sworn affidavit of
26-23 the person stating that the person is financially unable to pay the
26-24 amount of the penalty and is financially unable to give the
26-25 supersedeas bond; and
26-26 (B) giving a copy of the affidavit to the
26-27 executive director by certified mail.
27-1 (m) An executive director who receives a copy of an
27-2 affidavit under Subsection (l)(2) of this section may file with the
27-3 court, within five days after the date the copy is received, a
27-4 contest to the affidavit. The court shall hold a hearing on the
27-5 facts alleged in the affidavit as soon as practicable and shall
27-6 stay the enforcement of the penalty on finding that the alleged
27-7 facts are true. The person who files an affidavit has the burden
27-8 of proving that the person is financially unable to pay the amount
27-9 of the penalty and to give the supersedeas bond.
27-10 (n) If the person does not pay the amount of the penalty and
27-11 the enforcement of the penalty is not stayed, the executive
27-12 director may refer the matter to the attorney general for
27-13 collection of the amount of the penalty.
27-14 (o) Judicial review of the order of the Board:
27-15 (1) is instituted by filing a petition as provided by
27-16 Section 19, Administrative Procedure and Texas Register Act
27-17 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
27-18 subsequent amendments; and
27-19 (2) is under the substantial evidence rule.
27-20 (p) If the court sustains the occurrence of the violation,
27-21 the court may uphold or reduce the amount of the penalty and order
27-22 the person to pay the full or reduced amount of the penalty. If
27-23 the court does not sustain the occurrence of the violation, the
27-24 court shall order that no penalty is owed.
27-25 (q) When the judgment of the court becomes final, the court
27-26 shall proceed under this subsection. If the person paid the amount
27-27 of the penalty and if that amount is reduced or is not upheld by
28-1 the court, the court shall order that the appropriate amount plus
28-2 accrued interest be remitted to the person. The rate of the
28-3 interest is the rate charged on loans to depository institutions by
28-4 the New York Federal Reserve Bank, and the interest shall be paid
28-5 for the period beginning on the date the penalty was paid and
28-6 ending on the date the penalty is remitted. If the person gave a
28-7 supersedeas bond and if the amount of the penalty is reduced, the
28-8 court shall order the release of the bond after the person pays the
28-9 amount.
28-10 (r) A penalty collected under this section shall be remitted
28-11 to the comptroller for deposit in the general revenue fund.
28-12 (s) All proceedings under this section are subject to the
28-13 Administrative Procedure and Texas Register Act (Article 6252-13a,
28-14 Vernon's Texas Civil Statutes) and its subsequent amendments.
28-15 (t) Nothing in this section shall be construed as preventing
28-16 the Board from assessing an administrative penalty using an
28-17 informal proceeding governed by the requirements of Section 18F of
28-18 this Act.
28-19 SECTION 20. The Veterinary Licensing Act (Article 8890,
28-20 Revised Statutes) is amended by adding Section 14C to read as
28-21 follows:
28-22 Sec. 14C. (a) An executive committee of the Board,
28-23 consisting of the president of the Board and two other Board
28-24 members appointed by the president, may temporarily suspend the
28-25 license of a licensee under this Act if the executive committee
28-26 determines from the evidence or information presented to the
28-27 committee that the continued practice by the licensee constitutes a
29-1 continuing or imminent threat to the public welfare.
29-2 (b) A temporary suspension authorized under Subsection (a)
29-3 of this section may also be ordered on a majority vote of the
29-4 Board.
29-5 (c) A license temporarily suspended under this section may
29-6 be suspended without notice or hearing if, at the time the
29-7 suspension is ordered, a hearing on whether disciplinary
29-8 proceedings under this Act should be initiated against the licensee
29-9 is scheduled to be held not later than the 14th day after the date
29-10 of the suspension. A second hearing on the suspended license shall
29-11 be held not later than the 60th day after the date the suspension
29-12 was ordered. If the second hearing is not held in the time
29-13 required by this subsection, the suspended license is automatically
29-14 reinstated.
29-15 (d) The Board by rule shall adopt procedures for the
29-16 temporary suspension of a license under this section.
29-17 SECTION 21. Section 15, The Veterinary Licensing Act
29-18 (Article 8890, Revised Statutes), is amended to read as follows:
29-19 Sec. 15. (a) If the Board refuses to examine an applicant
29-20 for a license, refuses a person's application for a license,
29-21 suspends or revokes a person's license, or places on probation,
29-22 reprimands, or assesses a civil penalty against a licensee, the
29-23 applicant or licensee is entitled to a hearing before the State
29-24 Office of Administrative Hearings <Board>. The proceedings are
29-25 governed by the Administrative Procedure and Texas Register Act, as
29-26 amended (Article 6252-13a, Vernon's Texas Civil Statutes). The
29-27 schedule of sanctions adopted by the Board by rule shall be used by
30-1 the State Office of Administrative Hearings for any sanction
30-2 imposed as the result of a hearing conducted by that office.
30-3 (b) The Board may in its discretion conduct deliberations
30-4 relative to licensee disciplinary actions in executive session. At
30-5 the conclusion of its deliberations relative to licensee
30-6 disciplinary action, the Board shall vote and announce its decision
30-7 to the licensee in open session.
30-8 SECTION 22. Section 17, The Veterinary Licensing Act
30-9 (Article 8890, Revised Statutes), is amended to read as follows:
30-10 Sec. 17. The Board, through the Attorney General or any
30-11 District or County Attorney, may institute any injunction
30-12 proceeding or any such other proceeding incident to such injunction
30-13 proceeding as to enforce the provisions of this Act and to enjoin
30-14 any person from the practice of veterinary medicine, as defined in
30-15 this Act, without such person having complied with the other
30-16 provisions of this Act. The venue for such injunction proceedings
30-17 shall be in the county of the residence of the person against whom
30-18 such injunction proceedings are instituted. If the person does not
30-19 reside in this state, venue is in Travis County.
30-20 SECTION 23. Subsection (b), Section 18, The Veterinary
30-21 Licensing Act (Article 8890, Revised Statutes), is amended to read
30-22 as follows:
30-23 (b) A person commits an offense if the person violates this
30-24 Act. An offense under this subsection is a Class A <B>
30-25 misdemeanor.
30-26 SECTION 24. Section 18A, The Veterinary Licensing Act
30-27 (Article 8890, Revised Statutes), is amended to read as follows:
31-1 Sec. 18A. (a) The Board shall prepare information of public
31-2 <consumer> interest describing the <regulatory> functions of the
31-3 Board and the Board's procedures by which <consumer> complaints are
31-4 filed with and resolved by the Board. The Board shall make the
31-5 information available to the <general> public and appropriate state
31-6 agencies.
31-7 (b) The Board by rule shall establish methods by which
31-8 consumers and service recipients are notified of the name, mailing
31-9 address, and telephone number of the Board for the purpose of
31-10 directing complaints to the Board.
31-11 (c) The Board shall list along with its regular telephone
31-12 number the toll-free telephone number that may be called to present
31-13 a complaint about a veterinarian if the toll-free number is
31-14 established under other state law <shall maintain an information
31-15 file about each complaint filed with the Board relating to a
31-16 licensee.>
31-17 <(c) If a written complaint is filed with the Board relating
31-18 to a licensee, the Board, at least as frequently as quarterly and
31-19 until final disposition of the complaint, shall notify the parties
31-20 to the complaint of the status of the complaint unless the notice
31-21 would jeopardize an undercover investigation>.
31-22 SECTION 25. Section 18B, The Veterinary Licensing Act
31-23 (Article 8890, Revised Statutes), is amended to read as follows:
31-24 Sec. 18B. (a) The Board shall maintain an information file
31-25 about each complaint filed with the Board <relating to a licensee>.
31-26 The Board's information file shall be kept current and contain a
31-27 record for each complaint of:
32-1 (1) all persons contacted in relation to the
32-2 complaint;
32-3 (2) a summary of findings made at each step of the
32-4 complaint process;
32-5 (3) an explanation of the legal basis and reason for a
32-6 complaint that is dismissed; and
32-7 (4) other relevant information.
32-8 (b) If a written complaint is filed with the Board that the
32-9 Board has authority to resolve <relating to a licensee>, the Board,
32-10 at least as frequently as quarterly and until final disposition of
32-11 the complaint, shall notify the parties to the complaint of the
32-12 status of the complaint unless the notice would jeopardize an
32-13 undercover investigation.
32-14 (c) The Board by rule shall adopt a form to standardize
32-15 information concerning complaints made to the Board. The Board by
32-16 rule shall prescribe information to be provided to a person when
32-17 the person files a complaint with the Board.
32-18 (d) The Board shall provide reasonable assistance to a
32-19 person who wishes to file a complaint with the Board.
32-20 SECTION 26. The Veterinary Licensing Act (Article 8890,
32-21 Revised Statutes) is amended by adding Section 18D to read as
32-22 follows:
32-23 Sec. 18D. (a) The Board shall adopt rules concerning the
32-24 investigation of a complaint filed with the Board. The rules
32-25 adopted under this subsection shall:
32-26 (1) distinguish between categories of complaints;
32-27 (2) ensure that complaints are not dismissed without
33-1 appropriate consideration;
33-2 (3) require that the Board be advised of a complaint
33-3 that is dismissed and that a letter be sent to the person who filed
33-4 the complaint explaining the action taken on the dismissed
33-5 complaint;
33-6 (4) ensure that the person who filed the complaint has
33-7 an opportunity to explain the allegations made in the complaint;
33-8 and
33-9 (5) prescribe guidelines concerning the categories of
33-10 complaints that require the use of a private investigator and the
33-11 procedures for the Board to obtain the services of a private
33-12 investigator.
33-13 (b) The Board shall dispose of all complaints in a timely
33-14 manner. The Board shall establish a schedule for conducting each
33-15 phase of a complaint that is under the control of the Board not
33-16 later than the 30th day after the date the complaint is received by
33-17 the Board. The schedule shall be kept in the information file for
33-18 the complaint and all parties shall be notified of the projected
33-19 time requirements for pursuing the complaint. A change in the
33-20 schedule must be noted in the complaint information file and all
33-21 parties to the complaint must be notified not later than the
33-22 seventh day after the date the change is made.
33-23 (c) The executive director of the Board shall notify the
33-24 Board of a complaint that extends beyond the time prescribed by the
33-25 Board for resolving the complaint so that the Board may take
33-26 necessary action on the complaint.
33-27 SECTION 27. The Veterinary Licensing Act (Article 8890,
34-1 Revised Statutes) is amended by adding Section 18E to read as
34-2 follows:
34-3 Sec. 18E. (a) A veterinarian may not violate the
34-4 confidential relationship between the veterinarian and a client and
34-5 may not be required to disclose any information concerning the
34-6 veterinarian's care for an animal except on written authorization
34-7 or another form of waiver executed by the client or on receipt by
34-8 the veterinarian of an appropriate court order or subpoena.
34-9 (b) A veterinarian who releases information on written
34-10 authorization or another form of waiver executed by the client or
34-11 on receipt by the veterinarian of an appropriate court order or
34-12 subpoena is not liable to the client or any other person for an
34-13 action resulting from the release of that information.
34-14 (c) The privilege under this section is waived to the extent
34-15 that the client of a veterinarian or the owner of an animal treated
34-16 by the veterinarian places the care and treatment of the animal by
34-17 the veterinarian or the nature and extent of injuries of an animal
34-18 treated by the veterinarian at issue in a civil or criminal
34-19 proceeding.
34-20 (d) This section does not apply to inspections or
34-21 investigations conducted by the Board or an agent of the Board.
34-22 SECTION 28. The Veterinary Licensing Act (Article 8890,
34-23 Revised Statutes) is amended by adding Section 18F to read as
34-24 follows:
34-25 Sec. 18F. (a) The Board by rule shall adopt procedures
34-26 governing:
34-27 (1) informal disposition of a contested case under
35-1 Section 13(e), Administrative Procedure and Texas Register Act
35-2 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
35-3 subsequent amendments; and
35-4 (2) informal proceedings held in compliance with
35-5 Section 18(c), Administrative Procedure and Texas Register Act
35-6 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
35-7 subsequent amendments.
35-8 (b) Rules adopted under this section must provide the
35-9 complainant and the licensee an opportunity to be heard and must
35-10 require the presence of a representative of the office of the
35-11 Attorney General to advise the Board or Board's employees.
35-12 SECTION 29. The Veterinary Licensing Act (Article 8890,
35-13 Revised Statutes) is amended by adding Section 18G to read as
35-14 follows:
35-15 Sec. 18G. The Board by rule shall develop a system for
35-16 monitoring licensees' compliance with the requirements of this Act.
35-17 Rules adopted under this section shall include procedures for
35-18 monitoring a licensee who is ordered by the Board to perform
35-19 certain acts to ascertain that the license holder performs the
35-20 required acts and to identify and monitor licensees who represent a
35-21 risk to the public.
35-22 SECTION 30. Section 19, The Veterinary Licensing Act
35-23 (Article 8890, Revised Statutes), is amended to read as follows:
35-24 Sec. 19. (a) The Board by rule shall establish reasonable
35-25 and necessary fees so that the fees, in the aggregate, produce
35-26 sufficient revenue to cover the costs of administering <for the
35-27 administration of> this Act.
36-1 (b) The <board shall not maintain unnecessary fund balances,
36-2 and> fee amounts <shall be> set by the Board may be adjusted so
36-3 that the total fees collected are sufficient to cover the costs of
36-4 administering this Act <in accordance with this requirement>.
36-5 (c) The Board may not set a fee for an amount less than the
36-6 amount of that fee on September 1, 1993.
36-7 SECTION 31. Subsection (c), Section 20, The Veterinary
36-8 Licensing Act (Article 8890, Revised Statutes), is amended to read
36-9 as follows:
36-10 (c) The Board shall file annually with the governor and the
36-11 presiding officer of each house of the legislature a complete and
36-12 detailed written report accounting for all funds received and
36-13 disbursed by the Board during the preceding fiscal year. The
36-14 annual report must be in the form and reported in the time provided
36-15 by the General Appropriations Act <On or before January 1 of each
36-16 year, the Board shall make in writing to the Governor and the
36-17 Presiding Officer of each House of the Legislature a complete and
36-18 detailed annual report accounting for all funds received and
36-19 disbursed by the Board during the preceding year>.
36-20 SECTION 32. Section 22, The Veterinary Licensing Act
36-21 (Article 8890, Revised Statutes), is amended to read as follows:
36-22 Sec. 22. (a) No sole proprietorship, partnership, or
36-23 corporation shall engage in veterinary medicine unless the owner,
36-24 partners, or shareholders, respectively, are all licensees.
36-25 (b) A partnership between a veterinarian and a member of
36-26 another profession or a person who is not a member of a profession
36-27 may not be formed or permitted if a part of the partnership
37-1 employment consists of the practice of veterinary medicine <Each of
37-2 the following fees imposed by or under another section of this Act
37-3 is increased by $200:>
37-4 <(1) any examination fee established by the Board; and>
37-5 <(2) any license renewal fee established by the Board.>
37-6 <(b) Of each fee increase collected, $50 shall be deposited
37-7 to the credit of the foundation school fund and $150 shall be
37-8 deposited to the credit of the general revenue fund. This
37-9 subsection applies to the disposition of each fee increase
37-10 regardless of any other provision of law providing for a different
37-11 disposition of funds>.
37-12 SECTION 33. The Veterinary Licensing Act (Article 8890,
37-13 Revised Statutes) is amended by adding Sections 23 and 24 to read
37-14 as follows:
37-15 Sec. 23. (a) The practice of a veterinarian who leases
37-16 space from and practices veterinary medicine on the premises of a
37-17 mercantile establishment must be owned by a licensed veterinarian.
37-18 The practice and the leased premises must be under the exclusive
37-19 control of a licensed veterinarian. The leased space must be
37-20 definite and apart from the space occupied by other occupants of
37-21 the premises, which means the space must be separated from space
37-22 used by other occupants of the premises by the use of solid, opaque
37-23 partitions or walls from floor to ceiling. Railings, curtains, and
37-24 other similar arrangements are not sufficient to comply with the
37-25 requirement of this subsection. The leased space shall have a
37-26 patient's entrance opening on a public street, hall, lobby,
37-27 corridor, or other public thoroughfare. The aisle of a mercantile
38-1 establishment does not comply with the requirement of this
38-2 subsection. An entrance to the leased space is not a patient's
38-3 entrance within the meaning of this subsection unless the entrance
38-4 is actually used as an entrance by the veterinarian's patients.
38-5 However, an additional patient's entrance, that may be nonopaque,
38-6 is permitted from inside the mercantile establishment directly into
38-7 the leased space. No part of the veterinarian's practice may be
38-8 conducted as a department or concession of the mercantile
38-9 establishment and there may not be legends or signs stating
38-10 "Veterinary Department," or other words that imply the practice is
38-11 not an independent veterinary practice, displayed in the premises
38-12 or in any advertising for the premises. Any use of a
38-13 veterinarian's name must clearly indicate that the veterinarian's
38-14 practice is independent and not under the ownership or control of
38-15 the mercantile establishment. Provided, however, this paragraph
38-16 shall not prohibit the delivery of temporary limited-service
38-17 veterinary activities, including preventative veterinary services,
38-18 such as vaccinations and testing, at a mercantile establishment not
38-19 owned or under the exclusive control of a veterinarian so long as
38-20 such services are delivered by a veterinarian and are periodic only
38-21 in nature. The Board may establish by rule the conditions under
38-22 which such services may be provided.
38-23 (b) All patient and business records of the practice are the
38-24 sole property of the veterinarian and free from the control of the
38-25 mercantile establishment or any person not licensed under this Act.
38-26 Business records essential to the initiation or continuation of a
38-27 percentage of gross receipts lease of space may be inspected by the
39-1 applicable lessor. Nothing in this subsection prohibits a
39-2 veterinarian from entering into a management agreement and
39-3 permitting employees or agents of the management company to have
39-4 access to or copies of patient records as necessary for management
39-5 functions.
39-6 (c) It shall not be construed as a violation of this Act for
39-7 a veterinarian or a business entity authorized by the provisions of
39-8 this Act to render veterinary services to lease space, to pay for
39-9 franchise fees or other services on a percentage of receipts basis,
39-10 or to sell, transfer, or assign accounts receivable.
39-11 (d) The provisions of Subsection (a) of this section
39-12 regarding the requirement of a patient's entrance opening on a
39-13 public street, hall, lobby, corridor, or other public thoroughfare
39-14 do not apply to a practice or its legal successor operating in
39-15 space in which the practice was open and operating prior to
39-16 January 1, 1993.
39-17 Sec. 24. In the event of the death of a licensed
39-18 veterinarian, the practice ownership and patient records become the
39-19 property of the veterinarian's heirs to dispose of as necessary not
39-20 later than the second anniversary of the veterinarian's death.
39-21 SECTION 34. Section 483.042, Health and Safety Code, is
39-22 amended by adding Subsection (e) to read as follows:
39-23 (e) The labeling provisions of Subsection (a) do not apply
39-24 to a dangerous drug prescribed or dispensed for administration to
39-25 food production animals in an agricultural operation under a
39-26 written medical directive or treatment guideline from a
39-27 veterinarian licensed under The Veterinary Licensing Act (Article
40-1 8890, Revised Statutes) and its subsequent amendments.
40-2 SECTION 35. (a) On the effective date of this Act, a
40-3 contested case pending before the State Board of Veterinary Medical
40-4 Examiners is transferred to the State Office of Administrative
40-5 Hearings. A proceeding transferred under this subsection is
40-6 treated as if the actions taken in the proceedings had been taken
40-7 by the State Office of Administrative Hearings.
40-8 (b) The changes in law made by this Act relating to a
40-9 penalty that may be imposed apply only to a violation of The
40-10 Veterinary Licensing Act (Article 8890, Revised Statutes) or a rule
40-11 adopted by the State Board of Veterinary Medical Examiners that
40-12 occurs on or after the effective date of this Act only if each
40-13 element of the violation occurs on or after that date. A violation
40-14 that occurs before the effective date of this Act is governed by
40-15 the law in effect on the date the violation occurred, and the
40-16 former law is continued in effect for this purpose.
40-17 (c) The changes in law made by this Act in the
40-18 qualifications of members of the State Board of Veterinary Medical
40-19 Examiners do not affect the entitlement of a member appointed
40-20 before September 1, 1993, to continue to hold office on the board
40-21 for the term for which the member was appointed. The changes in
40-22 the qualifications apply only to a member appointed on or after
40-23 September 1, 1993.
40-24 SECTION 36. This Act takes effect September 1, 1993.
40-25 SECTION 37. The importance of this legislation and the
40-26 crowded condition of the calendars in both houses create an
40-27 emergency and an imperative public necessity that the
41-1 constitutional rule requiring bills to be read on three several
41-2 days in each house be suspended, and this rule is hereby suspended.