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.