By Goodman                                            H.B. No. 1084
       74R4230 CAG-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the disclosure of certain veterinarian records to
    1-3  public health authorities for rabies and zoonosis control.
    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 by amending
    1-7  Subsections (a) and (b) and adding Subsections (e), (f), and (g) to
    1-8  read as follows:
    1-9        (a)  Except as provided by Subsection (e) of this section, a
   1-10  <A> veterinarian may not violate the confidential relationship
   1-11  between the veterinarian and a client and may not be required to
   1-12  disclose any information concerning the veterinarian's care for an
   1-13  animal except on written authorization or another form of waiver
   1-14  executed by the client or on receipt by the veterinarian of an
   1-15  appropriate court order or subpoena.
   1-16        (b)  A veterinarian who releases information on written
   1-17  authorization or another form of waiver executed by the client,
   1-18  <or> on receipt by the veterinarian of an appropriate court order
   1-19  or subpoena, or as required by Subsection (e) of this section is
   1-20  not liable to the client or any other person for an action
   1-21  resulting from the release of that information.
   1-22        (e)  The Texas Board of Health or a political subdivision may
   1-23  enact a rule or ordinance requiring a veterinarian to disclose:
   1-24              (1)  rabies vaccine records;
    2-1              (2)  rabies vaccination records;
    2-2              (3)  records and other information on the quarantine
    2-3  and treatment of an animal that has inflicted a bite or scratch on
    2-4  a person or that is suspected of being rabid; and
    2-5              (4)  other records necessary to aid zoonosis control.
    2-6        (f)  Information disclosed by a veterinarian under Subsection
    2-7  (e) of this section is not public information and may only be
    2-8  released or made public by the Texas Board of Health or a political
    2-9  subdivision health authority to:
   2-10              (1)  a person who received a bite or scratch from an
   2-11  animal capable of transmitting rabies or, if the person is a child,
   2-12  a person having the right to consent to medical treatment for the
   2-13  child;
   2-14              (2)  medical personnel treating a person for a bite or
   2-15  scratch made by an animal capable of transmitting rabies;
   2-16              (3)  another veterinarian treating another animal for a
   2-17  bite or scratch made by an animal capable of transmitting rabies;
   2-18              (4)  a local health authority in the area from which
   2-19  the information was disclosed that requests information on an
   2-20  animal capable of transmitting rabies in that area;
   2-21              (5)  a state or federal agency, including the Centers
   2-22  for Disease Control and Prevention in the United States Public
   2-23  Health Service, involved in zoonosis control;
   2-24              (6)  a court hearing a case involving the prosecution
   2-25  of an offense under Chapter 826, Health and Safety Code;
   2-26              (7)  a person or agency compiling statistics if the
   2-27  information is released in a manner that prevents the
    3-1  identification of the animal or the animal's owner;
    3-2              (8)  a person entitled to the information under a court
    3-3  order or subpoena; or
    3-4              (9)  a person having the written consent of the
    3-5  animal's owner.
    3-6        (g)  In this section, "zoonosis" means a disease communicable
    3-7  from a lower animal to a human under natural conditions.
    3-8        SECTION 2.  The importance of this legislation and the
    3-9  crowded condition of the calendars in both houses create an
   3-10  emergency and an imperative public necessity that the
   3-11  constitutional rule requiring bills to be read on three several
   3-12  days in each house be suspended, and this rule is hereby suspended,
   3-13  and that this Act take effect and be in force from and after its
   3-14  passage, and it is so enacted.