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.