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By: Cook of Colorado (Senate Sponsor-Armbrister) H.B. No. 1767
(In the Senate - Received from the House May 11, 2005;
May 13, 2005, read first time and referred to Subcommittee on
Agriculture and Coastal Resources; May 18, 2005, rereferred to
Committee on Natural Resources; May 20, 2005, reported adversely,
with favorable Committee Substitute by the following vote:
Yeas 10, Nays 0; May 20, 2005, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 1767 By: Lindsay
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 801.351, 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 2. 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 3. 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 4. 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 5. 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 IN EMERGENCY. (a) A veterinarian may
dispense a drug, other than a controlled substance, prescribed by
another veterinarian if:
(1) failure to dispense the drug could interrupt a
therapeutic regimen or cause a patient to suffer;
(2) the prescribing veterinarian informs the
dispensing veterinarian that the drug is appropriate and necessary
for the animal;
(3) the quantity of the dispensed drug does not exceed
a five-day supply for each animal annually;
(4) 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
(5) 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 in compliance with this section for
the treatment of an animal without first establishing a
veterinarian-client-patient relationship.
(c) The board may adopt rules to implement this section.
SECTION 6. 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 or the county in which the offense
occurred.
SECTION 7. 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 8. (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 9. This Act takes effect September 1, 2005.
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