By: Moncrief S.B. No. 293
A BILL TO BE ENTITLED
AN ACT
1-1 relating to disclosure of certain veterinarian records necessary to
1-2 rabies and zoonosis control.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 18E, The Veterinary Licensing Act
1-5 (Article 8890, Revised Statutes), is amended to read as follows:
1-6 Sec. 18E. (a) A veterinarian may not violate the
1-7 confidential relationship between the veterinarian and a client and
1-8 may not be required to disclose any information concerning the
1-9 veterinarian's care for an animal except on written authorization
1-10 or another form of waiver executed by the client or on receipt by
1-11 the veterinarian of an appropriate court order or subpoena or
1-12 pursuant to Subsection (e) of this section.
1-13 (b) A veterinarian who releases information on written
1-14 authorization or another form of waiver executed by the client or
1-15 on receipt by the veterinarian of an appropriate court order or
1-16 subpoena or pursuant to Subsection (e) of this section is not
1-17 liable to the client or any other person for an action resulting
1-18 from the release of that information.
1-19 (c) The privilege under this section is waived to the extent
1-20 that the client of a veterinarian or the owner of an animal treated
1-21 by the veterinarian places the care and treatment of the animal by
1-22 the veterinarian or the nature and extent of injuries of an animal
1-23 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 which have inflicted bites or scratches on
2-12 humans or which are suspected of being rabid; and
2-13 (4) other records necessary to zoonosis control.
2-14 (f) Reports, records, and information furnished by a
2-15 veterinarian to the Texas Department of Health or a local health
2-16 authority pursuant to Subsection (e) of this section are not public
2-17 information and may not be released or made public by the Texas
2-18 Department of Health or a local health authority except as provided
2-19 in Subsection (g) of this section.
2-20 (g) Reports, records, and information may be released by the
2-21 Texas Department of Health or a local health authority:
2-22 (1) to any individual who has received a bite or
2-23 scratch from the animal which is capable of transmitting rabies or,
2-24 if the individual is a minor, to the minor's parent, guardian,
2-25 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 veterinarian treating another animal for a
3-6 bite or scratch made by the animal which is capable of transmitting
3-7 rabies;
3-8 (4) to any local health authority in whose
3-9 jurisdiction the animal which is capable of transmitting rabies is
3-10 located;
3-11 (5) to appropriate state and federal agencies, such as
3-12 the Centers for Disease Control of the United States Public Health
3-13 Service;
3-14 (6) to a court in which is pending a prosecution for a
3-15 violation of Chapter 826, Health and Safety Code (Rabies Control
3-16 Act of 1981), or a rule or ordinance enacted pursuant to that
3-17 chapter or on receipt of an appropriate court order or subpoena;
3-18 (7) for statistical purposes if released in a manner
3-19 that prevents the identification of the animal's owner or
3-20 veterinarian; or
3-21 (8) with the written consent of the animal's owner.
3-22 SECTION 2. This Act takes effect September 1, 1995.
3-23 SECTION 3. The importance of this legislation and the
3-24 crowded condition of the calendars in both houses create an
3-25 emergency and an imperative public necessity that the
4-1 constitutional rule requiring bills to be read on three several
4-2 days in each house be suspended, and this rule is hereby suspended.