BILL ANALYSIS


Public Health Committee
H.B. 1084
By: Goodman
3-14-95
Committee Report (Substituted)


BACKGROUND

In 1993, the Texas Legislature passed an amendment to the
Veterinary Licensing Act stating that a veterinarian may not
violate the confidential relationship between the veterinarian and
a client, and may not be required to disclose any information
concerning the veterinarian's care for an animal, except on written
authorization by the client or by the appropriate court order or
subpoena. The 1993 amendment effectively prohibits a veterinarian
from volunteering to share information about rabies vaccination and
treatment with other concerned entities. This information is vital
to rabies-control and animal-licensing programs as well as to the
Texas Department of Health and municipal and county health
departments.

PURPOSE

This bill amends Section 18E of the Veterinary Licensing Act
(Article 8890, Revised Statutes) to allow for the sharing of
information relating to rabies vaccination records and treatment
information with public health entities for the benefit of public
health. The bill recognizes that the confidential relationship
between veterinarians and their clients should not be interfered
with unnecessarily and safeguards are included in the bill with the
purpose of avoiding such interference.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill grants rulemaking
authority to the Texas Board of Health and ordinance-making
authority to municipalities to require disclosure by veterinarians
of rabies vaccine records and other information relating to
zoonosis control in Section 1 of this bill (Section 18E(e), The
Veterinary Licensing Act).

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends subsections (a) and (b) of Section 18E, The
Veterinary Licensing Act (Article 8890, Revised Statutes), and adds
subsections (e), (f), (g) and (h) as follows:

     Subsection (a): Subsection (e) is added as an exception to the
     confidential relationship between a veterinarian and a client.

     Subsection (b): Subsection (e) is added as a condition to
     exclude the liability risk for the veterinarian releasing
     information.

     Subsection (e): Allows the Texas Board of Health or local
     governments to enact rules or ordinances that require
     veterinarians to disclose information to the Texas Department
     of Health (TDH) or to local health authorities relating to
     rabies vaccine records, rabies vaccination, information on
     quarantine and treatment of animals which have inflicted bites
     or scratches on humans or other animals, and records relating
     to cases of zoonotic diseases in animals.

     Subsection (f): Classifies the reports, records, and
     information furnished by a veterinarian as not being public
     information except under certain conditions outlined in
     subsection (g) of this act.

     Subsection (g): Allows for the limited release of the
     information by the TDH or local health authority. Information
     can be released to medical personnel, a court, individuals who
     have been bitten by an animal, and to appropriate local, state
     and federal authorities and agencies. Release also is allowed
     for statistical purposes, and with the written consent of an
     animal's owner.

     Subsection (h): Prohibits veterinarians who function as local
     health authorities from using information obtained under this
     section in their private practices.

SECTION 2. Effective date: September 1, 1995.

SECTION 3. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

     The substitute legislation attempts to further protect the
confidentiality of information released under the provisions of the
bill through clarifications in the bill's language. The substitute
also adds a provision (Section 18E(h), Revised Statutes)
prohibiting veterinarians who function as local health authorities
from using the information in their private practices.

SUMMARY OF COMMITTEE ACTION

H.B. 1084 was considered by the Committee on Public Health in a
public hearing on March 7, 1995.

The following persons testified in favor of the bill:
Representative Goodman, author of the bill.
William E. Lammers, DVM, representing San Antonio Metropolitan
Health District, City of San  Antonio, and Bexar County.
Pam Burney, representing self, Texas Animal Control Association,
and City of North Richland    Hills.
Becky Haskin, representing City of Fort Worth and Fort Worth City
Council.
Letha Lynne Aycock, representing self.
Coy Willis, City of Midland, representing Texas Animal Control
Association, National Animal  Control Association.

The following persons testified against the bill:
Donald M. Ward, representing Texas Veterinary Medical Association.
Dr. Tom Miessler, representing self.

The following person testified neutrally on the bill:
Jane Mahlow, representing Texas Department of Health.

The committee considered a complete substitute for the bill. The
substitute was adopted without objection. The bill was considered
by the Committee on Public Health in a public hearing March 14,
1995, as pending business. The bill was reported favorably as
substituted, with the recommendation that it do pass and be
printed, by a record vote of 7 Ayes, 0 Nays, 0 PNV, and 2 Absent.