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.