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A BILL TO BE ENTITLED
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AN ACT
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relating to non-veterinary horse dentistry. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 801.004, Occupations Code, is amended to |
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read as follows: |
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Sec. 801.004. APPLICATION OF CHAPTER. This chapter does |
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not apply to: |
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(1) the treatment or care of an animal in any manner by |
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the owner of the animal, an employee of the owner, or a designated |
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caretaker of the animal, unless the ownership, employment, or |
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designation is established with the intent to violate this chapter; |
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(2) a person who performs an act prescribed by the |
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board as an accepted livestock management practice, including: |
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(A) castrating a male animal raised for human |
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consumption; |
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(B) docking or earmarking an animal raised for |
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human consumption; |
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(C) dehorning cattle; |
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(D) aiding in the nonsurgical birth process of a |
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large animal, as defined by board rule; |
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(E) treating an animal for disease prevention |
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with a nonprescription medicine or vaccine; |
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(F) branding or identifying an animal in any |
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manner; |
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(G) artificially inseminating an animal, |
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including training, inseminating, and compensating for services |
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related to artificial insemination; [and] |
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(H) shoeing a horse; and |
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(I) floating a horse's teeth; |
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(3) the performance of a cosmetic or production |
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technique to reduce injury in poultry intended for human |
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consumption; |
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(4) the performance of a duty by a veterinarian's |
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employee if: |
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(A) the duty involves food production animals; |
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(B) the duty does not involve diagnosis, |
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prescription, or surgery; |
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(C) the employee is under the direction and |
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general supervision of the veterinarian; and |
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(D) the veterinarian is responsible for the |
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employee's performance; |
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(5) the performance of an act by a person who is a |
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full-time student of an accredited college of veterinary medicine |
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or is a foreign graduate of a board-approved equivalent competency |
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program for foreign veterinary graduates and who is participating |
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in a board-approved extern or preceptor program if the act is |
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performed under the direct supervision of a veterinarian employing |
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the person; |
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(6) an animal shelter employee who performs euthanasia |
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in the course and scope of the person's employment if the person has |
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successfully completed training in accordance with Chapter 829, |
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Health and Safety Code; |
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(7) a person who is engaged in a recognized |
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state-federal cooperative disease eradication or control program |
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or an external parasite control program while the person is |
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performing official duties required by the program; |
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(8) a person who, without expectation of compensation, |
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provides emergency care in an emergency or disaster; or |
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(9) a consultation given to a veterinarian in this |
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state by a person who: |
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(A) resides in another state; and |
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(B) is lawfully qualified to practice veterinary |
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medicine under the laws of that state. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |