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79R13973 MXM-D
By: Cook of Colorado H.B. No. 1767
Substitute the following for H.B. No. 1767:
By: Herrero C.S.H.B. No. 1767
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of veterinary medicine.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 801.004, Occupations Code, is amended to
read as follows:
Sec. 801.004. APPLICATION OF CHAPTER. This chapter does
not apply to:
(1) the treatment or care of an animal in any manner by
the owner of the animal, an employee of the owner, or a designated
caretaker of the animal, unless the ownership, employment, or
designation is established with the intent to violate this chapter;
(2) a person who performs an act prescribed by the
board as an accepted livestock management practice, including:
(A) castrating a male animal raised for human
consumption;
(B) docking or earmarking an animal raised for
human consumption;
(C) dehorning cattle;
(D) aiding in the nonsurgical birth process of a
large animal, as defined by board rule;
(E) treating an animal for disease prevention
with a nonprescription medicine or vaccine;
(F) branding or identifying an animal in any
manner;
(G) artificially inseminating an animal in a
nonsurgical manner, including training, inseminating, and
compensating for services related to artificial insemination in a
nonsurgical manner; and
(H) shoeing a horse;
(3) the performance of a cosmetic or production
technique to reduce injury in poultry intended for human
consumption;
(4) the performance of a duty by a veterinarian's
employee if:
(A) the duty involves food production animals;
(B) the duty does not involve diagnosis,
prescription, or surgery;
(C) the employee is under the direction and
general supervision of the veterinarian; and
(D) the veterinarian is responsible for the
employee's performance;
(5) the performance of an act by a person who is a
full-time student of an accredited college of veterinary medicine
or is a foreign graduate of a board-approved equivalent competency
program for foreign veterinary graduates and who is participating
in a board-approved extern or preceptor program if the act is
performed under the direct supervision of a veterinarian employing
the person;
(6) an animal shelter employee who performs euthanasia
in the course and scope of the person's employment if the person has
successfully completed training offered by the [Texas] Department
of State Health Services under Section 823.004, Health and Safety
Code;
(7) a person who is engaged in a recognized
state-federal cooperative disease eradication or control program
or an external parasite control program while the person is
performing official duties required by the program;
(8) a person who, without expectation of compensation,
provides emergency care in an emergency or disaster; or
(9) a consultation given to a veterinarian in this
state by a person who:
(A) resides in another state; and
(B) is lawfully qualified to practice veterinary
medicine under the laws of that state.
SECTION 2. Section 801.351, Occupations Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) A person may not practice veterinary medicine unless a
veterinarian-client-patient relationship exists. A
veterinarian-client-patient relationship exists if the
veterinarian:
(1) assumes responsibility for medical judgments
regarding the health of an animal and a client, who is the owner or
other caretaker of the animal, agrees to follow the veterinarian's
instructions;
(2) possesses sufficient knowledge of the animal to
initiate at least a general or preliminary diagnosis of the
animal's medical condition; and
(3) is readily available to provide, or has provided,
follow-up medical care in the event of an adverse reaction to, or a
failure of, the regimen of therapy provided by the veterinarian.
(c) A veterinarian-client-patient relationship may not be
established solely by telephone or electronic means.
SECTION 3. Section 801.353, Occupations Code, is amended by
adding Subsection (f) to read as follows:
(f) A veterinarian does not violate this section by
providing the name or address of a client to a health authority,
veterinarian, or physician who requests the identity of the client
to obtain information for:
(1) the verification of a rabies vaccination; or
(2) other treatment involving a life-threatening
situation.
SECTION 4. Sections 801.357(a) and (d), Occupations Code,
are amended to read as follows:
(a) A veterinarian may dispose of an animal that is
abandoned in the veterinarian's care if the veterinarian:
(1) gives the client, by certified mail to the client's
last known address, notice of the veterinarian's intention to
dispose of the animal; and
(2) allows the client to retrieve the animal during
the 10 [12] days after the date the veterinarian mails the notice.
(d) An animal is considered abandoned on the 11th [13th] day
after the date the veterinarian mails the notice under Subsection
(a) unless an agreement is made to extend the care for the animal.
SECTION 5. Subchapter H, Chapter 801, Occupations Code, is
amended by adding Section 801.3585 to read as follows:
Sec. 801.3585. LIABILITY FOR REPORTING ANIMAL CRUELTY;
IMMUNITY. A veterinarian who in good faith and in the normal course
of business reports to the appropriate governmental entity a
suspected incident of animal cruelty under Section 42.09, Penal
Code, is immune from liability in a civil or criminal action brought
against the veterinarian for reporting the incident.
SECTION 6. Subchapter H, Chapter 801, Occupations Code, is
amended by adding Section 801.362 to read as follows:
Sec. 801.362. AUTHORITY TO DISPENSE DRUGS PRESCRIBED BY
ANOTHER VETERINARIAN. (a) A veterinarian may dispense a drug
prescribed by another veterinarian if:
(1) the annual total of dosage units of drugs
dispensed under this subsection is not more than five percent of the
total dosage units of drugs the veterinarian dispenses in a year;
and
(2) the veterinarian maintains records of dispensing
activities under this section consistent with board rules.
(b) A veterinarian does not violate Section 801.402 by
ordering a prescription drug or controlled substance in compliance
with this section for the treatment of an animal without first
establishing a veterinarian-client-patient relationship.
SECTION 7. Section 801.504, Occupations Code, is amended by
adding Subsection (c) to read as follows:
(c) Venue for the prosecution of an offense under this
section that consists of the violation of Section 801.251 is in a
district court in Travis County.
SECTION 8. A veterinarian is not required to maintain the
records required by Section 801.362(a), Occupations Code, as added
by this Act, until September 1, 2006.
SECTION 9. (a) Section 801.504(c), Occupations Code, as
added by this Act, applies only to an offense committed on or after
the effective date of this Act.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
(c) For purposes of this section, an offense is committed
before the effective date of this Act if any element of the offense
occurs before that date.
SECTION 10. This Act takes effect September 1, 2005.