By Goodman H.B. No. 1084 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the disclosure of certain veterinarian records and to 1-3 information provided by veterinarians. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 18E, The Veterinary Licensing Act 1-6 (Article 8890, Revised Statutes), is amended to read as follows: 1-7 Sec. 18E. (a) A veterinarian may not violate the 1-8 confidential relationship between the veterinarian and a client and 1-9 may not be required to disclose any information concerning the 1-10 veterinarian's care for an animal except on written authorization 1-11 or another form of waiver executed by the client or on receipt by 1-12 the veterinarian of an appropriate court order or subpoena or 1-13 pursuant to Subsection (e) of this section. 1-14 (b) A veterinarian who releases information on written 1-15 authorization or another form of waiver executed by the client or 1-16 on receipt by the veterinarian of an appropriate court order or 1-17 subpoena or pursuant to Subsection (e) of this section is not 1-18 liable to the client or any other person for an action resulting 1-19 from the release of that information. 1-20 (c) The privilege under this section is waived to the extent 1-21 that the client of a veterinarian or the owner of an animal treated 1-22 by the veterinarian places the care and treatment of the animal by 1-23 the veterinarian or the nature and extent of injuries of an animal 1-24 treated by the veterinarian at issue in a civil or criminal 2-1 proceeding. 2-2 (d) This section does not apply to inspections or 2-3 investigations conducted by the Board or an agent of the Board. 2-4 (e) This section shall not prevent the Texas Board of Health 2-5 or local governments from enacting rules or ordinances requiring 2-6 the disclosure by veterinarians to the Texas Department of Health 2-7 or to local health authorities of: 2-8 (1) rabies vaccine records; 2-9 (2) rabies vaccination records; 2-10 (3) records and information on the quarantine and 2-11 treatment of animals that have inflicted bites or scratches on 2-12 humans or that are suspected of being rabid; and 2-13 (4) records relating to cases or suspected cases of 2-14 zoonotic diseases in animals. 2-15 (f) Reports, records, and information furnished by a 2-16 veterinarian to the Texas Department of Health or a local health 2-17 authority pursuant to Subsection (e) of this section are not public 2-18 information and may not be released or made public by the Texas 2-19 Department of Health or a local health authority except as provided 2-20 in Subsection (g) of this section. 2-21 (g) Reports, records, and information may be released by the 2-22 Texas Department of Health or a local health authority: 2-23 (1) to any individual who has received a bite or 2-24 scratch from the animal that is capable of transmitting rabies or, 2-25 if the individual is a minor, to the minor's parent, guardian, 2-26 managing or possessory conservator, or other person who has the 2-27 legal capacity to approve medical treatment for the minor; 3-1 (2) to medical personnel treating an individual for a 3-2 bite or scratch made by the animal that is capable of transmitting 3-3 rabies; 3-4 (3) to any local health authority in whose 3-5 jurisdiction the animal that is capable of transmitting rabies is 3-6 located, provided, however, that such local health authority in 3-7 turn shall not release such reports, records, and information 3-8 except as provided by this section; 3-9 (4) to appropriate state and federal agencies, such as 3-10 the Centers for Disease Control of the United States Public Health 3-11 Service; 3-12 (5) to a court in which is pending a prosecution for a 3-13 violation of Chapter 826, Health and Safety Code (Rabies Control 3-14 Act of 1981), or a rule or ordinance enacted pursuant to that 3-15 chapter or on receipt of an appropriate court order or subpoena; 3-16 (6) for statistical purposes if released in a manner 3-17 that prevents the identification of the animal's owner or 3-18 veterinarian; or 3-19 (7) with the written consent of the animal's owner. 3-20 (h) A veterinarian who functions as a local health authority 3-21 under Chapter 826, Health and Safety Code (Rabies Control Act of 3-22 1981), shall not use information obtained pursuant to this section 3-23 for use in his or her private veterinary practice. 3-24 (i) A local health authority may not use the information 3-25 obtained under this section to contact the veterinarian's client 3-26 for the purpose of collecting a registration or license fee as 3-27 authorized under Section 826.031, Health and Safety Code. 4-1 (j) Notwithstanding any other statute to the contrary, 4-2 nothing shall prohibit a municipality or county that requires the 4-3 registration of dogs and cats in its jurisdiction from passing an 4-4 ordinance or rule that requires a veterinarian to post a sign in 4-5 the veterinarian's place of business that informs owners of dogs or 4-6 cats that the animals are required to be registered. 4-7 (k) The standards relating to content, placement, and size 4-8 of the sign as permitted by Subsection (j) shall be prescribed by 4-9 the board. 4-10 SECTION 2. This Act takes effect September 1, 1995. 4-11 SECTION 3. The importance of this legislation and the 4-12 crowded condition of the calendars in both houses create an 4-13 emergency and an imperative public necessity that the 4-14 constitutional rule requiring bills to be read on three several 4-15 days in each house be suspended, and this rule is hereby suspended.