DME H.B. 1577 75(R)BILL ANALYSIS AGRICULTURE & LIVESTOCK H.B. 1577 By: Uher 3-11-97 Committee Report (Substituted) BACKGROUND Studies indicate that approximately ten percent of Americans have a problem with alcohol and/or drugs. If this statistic is true for veterinarians in Texas, there are over 400 veterinarians with abuse or addiction problems. The economic, social, and personal losses represented by this number are great. In 1985, Section 467.004, Health and Safety Code, was passed allowing professional licensing boards in Texas to establish peer assistance programs or to contract with an entity to establish programs to address the problems of addiction within the professional ranks. The programs are funded through a surcharge of no more than $5 on licenses or license renewals. The programs consisted of a toll-free hotline, active investigation of identified cases, and personal and active intervention by peer volunteers. The Texas Veterinary Medical Association initiated a peer assistance program in 1987, and in 1989 contracted with the Texas State Board of Veterinary Medical Examiners (Board) to conduct the program for the Board. In 1996, the Board contributed about $14,500 to the program. The Board collects approximately $7,000 per year in fines and other sanctions against veterinarians who violate state law and regulations pertaining to professional practice. Those funds currently go directly into general revenue, but some would like these funds to benefit peer assistance programs. Legislation is necessary to establish or approve the peer assistance program for the purposes of using these administrative penalty funds. The dental profession partially funds their peer assistance programs through such fines under Section 467.0041(d), Health and Safety Code. PURPOSE This legislation would earmark veterinary fines collected by the Texas State Board of Veterinary Medical Examiners (Board) for the peer assistance program for licensed veterinarians. RULEMAKING AUTHORITY It is the Committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article 8890 Revised Civil Statutes, Veterinary Licensing Act, by adding Section 8A to allow the Board to establish or approve a peer assistance program for licensed veterinarians. Specifies that the peer assistance program must comply with Section 467.004, Health and Safety Code. Provides funding for the veterinary peer assistance program through administrative fines in addition to funding from licensing surcharges. SECTION 2. Amends Section 14B(r), Article 8890 Revised Civil Statutes, Veterinary Licensing Act, to specify that the Board shall remit penalty funds to the comptroller to be appropriated to the peer assistance program and grants the Board budget authority. At the end of each fiscal year, unobligated and unexpended funds in the account will be transferred to the undedicated portion of the general revenue fund. SECTION 3. Effective date: September 1, 1997. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The original legislation abolished support by a licensing surcharge for the peer assistance program. The substitute allows for a continuation of funding through a licensing surcharge. The substitute specifies that penalties shall be appropriated to the Board and gives the Board budget authority.