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.