By Goodman H.B. No. 1084 Substitute the following for H.B. No. 1084: By Rodriguez C.S.H.B. No. 1084 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to disclosure to the Texas Department of Health and local 1-3 health authorities of veterinarian records necessary to rabies and 1-4 zoonosis control. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 18E, The Veterinary Licensing Act 1-7 (Article 8890, Revised Statutes), is amended to read as follows: 1-8 Sec. 18E. (a) A veterinarian may not violate the 1-9 confidential relationship between the veterinarian and a client and 1-10 may not be required to disclose any information concerning the 1-11 veterinarian's care for an animal except on written authorization 1-12 or another form of waiver executed by the client or on receipt by 1-13 the veterinarian of an appropriate court order or subpoena or 1-14 pursuant to Subsection (e) of this section. 1-15 (b) A veterinarian who releases information on written 1-16 authorization or another form of waiver executed by the client or 1-17 on receipt by the veterinarian of an appropriate court order or 1-18 subpoena or pursuant to Subsection (e) of this section is not 1-19 liable to the client or any other person for an action resulting 1-20 from the release of that information. 1-21 (c) The privilege under this section is waived to the extent 1-22 that the client of a veterinarian or the owner of an animal treated 1-23 by the veterinarian places the care and treatment of the animal by 1-24 the veterinarian or the nature and extent of injuries of an animal 2-1 treated by the veterinarian at issue in a civil or criminal 2-2 proceeding. 2-3 (d) This section does not apply to inspections or 2-4 investigations conducted by the Board or an agent of the Board. 2-5 (e) This section shall not prevent the Texas Board of Health 2-6 or local governments from enacting rules or ordinances requiring 2-7 the disclosure by veterinarians to the Texas Department of Health 2-8 or to local health authorities of: 2-9 (1) rabies vaccine records; 2-10 (2) rabies vaccination records; 2-11 (3) records and information on the quarantine and 2-12 treatment of animals which have inflicted bites or scratches on 2-13 humans or which are suspected of being rabid; and 2-14 (4) records relating to cases or suspected cases of 2-15 zoonotic diseases in animals. 2-16 (f) Reports, records, and information furnished by a 2-17 veterinarian to the Texas Department of Health or a local health 2-18 authority pursuant to Subsection (e) of this section are not public 2-19 information and may not be released or made public by the Texas 2-20 Department of Health or a local health authority except as provided 2-21 in Subsection (g) of this section. 2-22 (g) Reports, records, and information may be released by the 2-23 Texas Department of Health or a local health authority: 2-24 (1) to any individual who has received a bite or 2-25 scratch from the animal which is capable of transmitting rabies or, 2-26 if the individual is a minor, to the minor's parent, guardian, 2-27 managing or possessory conservator, or other person who has the 3-1 legal capacity to approve medical treatment for the minor; 3-2 (2) to medical personnel treating an individual for a 3-3 bite or scratch made by the animal which is capable of transmitting 3-4 rabies; 3-5 (3) to any local health authority in whose 3-6 jurisdiction the animal which is capable of transmitting rabies is 3-7 located, provided, however, that such local health authority in 3-8 turn shall not release such reports, records, and information 3-9 except as provided by this section; 3-10 (4) to appropriate state and federal agencies, such as 3-11 the Centers for Disease Control of the United States Public Health 3-12 Service; 3-13 (5) to a court in which is pending a prosecution for a 3-14 violation of Chapter 826, Health and Safety Code (Rabies Control 3-15 Act of 1981), or a rule or ordinance enacted pursuant to that 3-16 chapter or on receipt of an appropriate court order or subpoena; 3-17 (6) for statistical purposes if released in a manner 3-18 that prevents the identification of the animal's owner or 3-19 veterinarian; or 3-20 (7) with the written consent of the animal's owner. 3-21 (h) A veterinarian who functions as a local health authority 3-22 under Chapter 826, Health and Safety Code (Rabies Control Act of 3-23 1981), shall not use information obtained pursuant to this section 3-24 for use in his or her private veterinary practice. 3-25 SECTION 2. This Act takes effect September 1, 1995. 3-26 SECTION 3. The importance of this legislation and the 3-27 crowded condition of the calendars in both houses create an 4-1 emergency and an imperative public necessity that the 4-2 constitutional rule requiring bills to be read on three several 4-3 days in each house be suspended, and this rule is hereby suspended.