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.