82R5428 NC-D

By: Zaffirini S.B. No. 895

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of equine dental care providers; providing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 801.002, Occupations Code, is amended by adding Subdivisions (3-a), (3-b), (4-a), and (5-a) to read as follows:

(3-a) "Equine dental care" means the practice of equine dentistry that consists only of tooth floating.

(3-b) "Equine dental care provider" means a person who is not a veterinarian and who holds a certificate issued under this chapter to practice equine dental care.

(4-a) "Practice of equine dentistry" means the diagnosis, treatment, or prevention of a wound, injury, disease, or other condition that affects any portion of an animal's mouth, jaw, teeth, gums, or related tissue. The term includes:

(A) preventive dental procedures, including procedures to:

(i) remove calculus, soft deposits, plaque, and stains;

(ii) reshape teeth above the gum line by tooth floating; and

(iii) polish tooth surfaces above the gum line;

(B) surgical dental procedures or any other dental procedure that invades the hard or soft oral tissue, including a procedure to:

(i) alter the structure of one or more teeth;

(ii) repair a misalignment between the upper and lower teeth;

(iii) repair or treat damaged or diseased teeth, including through restoration and endodontic procedures;

(iv) extract one or more teeth; and

(v) treat gum disease;

(C) the prescription or administration of anesthetics, sedatives, tranquilizers, analgesics, or antimicrobials; and

(D) dental radiography.

(5-a) "Tooth floating" means the performance of an equine dental procedure, without the administration of a sedative, tranquilizer, or general anesthetic that is available only by prescription, to:

(A) remove enamel points; or

(B) smooth, contour, or level incisors or dental arcades.

SECTION 2. Section 801.151(c), Occupations Code, is amended to read as follows:

(c) The board shall adopt rules to:

(1) protect the public; [and]

(2) ensure that alternate therapies, including ultrasound diagnosis and therapy, magnetic field therapy, holistic medicine, homeopathy, chiropractic treatment, acupuncture, and laser therapy, are performed only by a veterinarian or under the supervision of a veterinarian;

(3) ensure that the practice of equine dentistry, other than tooth floating, is performed only by a veterinarian; and

(4) ensure that tooth floating is performed only by a veterinarian or a certified equine dental care provider.

SECTION 3. The heading to Subchapter F, Chapter 801, Occupations Code, is amended to read as follows:

SUBCHAPTER F. LICENSE AND CERTIFICATION REQUIREMENTS

SECTION 4. Subchapter F, Chapter 801, Occupations Code, is amended by adding Sections 801.259, 801.260, and 801.261 to read as follows:

Sec. 801.259. EQUINE DENTIST DESIGNATIONS. (a) A person may not represent to the public that the person is an equine dentist or use the title "Eq.D.," "M/Eq.D.," or "Certified Equine Dentist" unless the person is licensed under this chapter to practice veterinary medicine and has specialized training in equine dentistry by a board-approved program.

(b) The board shall adopt rules as necessary to implement this section.

Sec. 801.260. LICENSE OR CERTIFICATE REQUIRED FOR EQUINE DENTAL CARE. A person may not engage in the practice of, or offer or attempt to engage in the practice of, equine dental care unless the person is:

(1) a veterinarian; or

(2) a certified equine dental care provider.

Sec. 801.261. CERTIFIED EQUINE DENTAL CARE PROVIDER: APPLICATION, QUALIFICATIONS, AND ISSUANCE. (a) The board shall issue an equine dental care provider certificate to a person qualified for certification under this chapter. A person is qualified if the person:

(1) satisfactorily completes at least 80 hours of training in equine dentistry at the Texas Institute of Equine Dentistry or a similar program approved by the board; or

(2) is certified as an equine dental technician by the International Association of Equine Dentistry or a similar program approved by the board.

(b) An applicant for an equine dental care provider certificate must submit to the board:

(1) an application on the form prescribed by the board; and

(2) any other information required by the board.

SECTION 5. The heading to Subchapter G, Chapter 801, Occupations Code, is amended to read as follows:

SUBCHAPTER G. LICENSE AND CERTIFICATE EXPIRATION AND RENEWAL

SECTION 6. Sections 801.301, 801.302, and 801.303, Occupations Code, are amended to read as follows:

Sec. 801.301. ANNUAL RENEWAL REQUIRED. (a) The board shall provide for the annual renewal of a license or certificate.

(b) The board by rule may adopt a system under which licenses or certificates expire on various dates during the year.

(c) For a year in which the license or certificate expiration date is changed, license or certificate fees payable on March 1 shall be prorated on a monthly basis so that each license or certificate holder pays only that portion of the fee that is allocable to the number of months during which the license or certificate is valid. On renewal of the license or certificate on the new expiration date, the total license or certificate renewal fee is payable.

Sec. 801.302. NOTICE OF LICENSE OR CERTIFICATE EXPIRATION. Not later than the 30th day before the expiration date of a person's license or certificate, the board shall send written notice of the impending license or certificate expiration to the person at the person's last known address according to the board's records.

Sec. 801.303. PROCEDURE FOR RENEWAL. (a) A person who is otherwise eligible to renew a license or certificate may renew an unexpired license or certificate by paying the required renewal fee to the board before the expiration date of the license or certificate. A person whose license or certificate has expired may not engage in activities that require a license or certificate until the license or certificate has been renewed.

(b) A person whose license or certificate has been expired for 90 days or less may renew the license or certificate by paying to the board a renewal fee that is equal to the sum of 1-1/2 times the renewal fee set by the board under Section 801.154(a) and the additional fee required by Section 801.154(b), if applicable.

(c) A person whose license or certificate has been expired for more than 90 days but less than one year may renew the license or certificate by paying to the board a renewal fee that is equal to the sum of two times the renewal fee set by the board under Section 801.154(a) and the additional fee required by Section 801.154(b), if applicable.

(d) A person whose license or certificate has been expired for one year or more may not renew the license or certificate. The person may obtain a new license or certificate by complying with the requirements and procedures, including the examination requirements, for obtaining an original license or certificate.

SECTION 7. Section 801.307, Occupations Code, is amended by adding Subsection (a-1) and amending Subsections (b) and (c) to read as follows:

(a-1) The board shall require four hours of continuing education annually to renew the certificate of an equine dental care provider.

(b) The board may:

(1) establish general categories of continuing education that meet the needs of veterinarians or certified equine dental care providers; and

(2) require a veterinarian or certified equine dental care provider to successfully complete continuing education courses.

(c) The board may require a license or certificate holder who does not complete the required number of hours of continuing education in a year to make up the missed hours in later years. Hours required to be made up in a later year are in addition to the hours normally required to be completed in that year.

SECTION 8. The heading to Subchapter I, Chapter 801, Occupations Code, is amended to read as follows:

SUBCHAPTER I. LICENSE OR CERTIFICATE DENIAL AND DISCIPLINARY

PROCEDURES

SECTION 9. Sections 801.401(a), (c), and (d), Occupations Code, are amended to read as follows:

(a) If an applicant or a license or certificate holder is subject to denial of a license or certificate or to disciplinary action under Section 801.402, the board may:

(1) refuse to examine an applicant or to issue or renew a license or certificate;

(2) revoke or suspend a license or certificate;

(3) place on probation a license or certificate holder or person whose license or certificate has been suspended;

(4) reprimand a license or certificate holder; or

(5) impose an administrative penalty.

(c) The board may require a license or certificate holder whose license or certificate suspension is probated to:

(1) report regularly to the board on matters that are the basis of the probation;

(2) limit practice to the areas prescribed by the board; or

(3) continue or review continuing professional education until the license or certificate holder attains a degree of skill satisfactory to the board in those areas that are the basis of the probation.

(d) In addition to other disciplinary actions authorized by this subchapter, the board may require a license or certificate holder who violates this chapter to participate in a continuing education program. The board shall specify the continuing education programs that the license or certificate holder may attend and the number of hours that the license or certificate holder must complete. A continuing education program specified by the board must be relevant to the violation committed by the license or certificate holder.

SECTION 10. Section 801.402, Occupations Code, is amended to read as follows:

Sec. 801.402. GENERAL GROUNDS FOR LICENSE OR CERTIFICATE DENIAL OR DISCIPLINARY ACTION. A person is subject to denial of a license or certificate or to disciplinary action under Section 801.401 if the person:

(1) presents to the board dishonest or fraudulent evidence of the person's qualifications;

(2) commits fraud or deception in the examination process or to obtain a license or certificate;

(3) is chronically or habitually intoxicated, chemically dependent, or addicted to drugs;

(4) engages in dishonest or illegal practices in, or connected with, the practice of veterinary medicine or the practice of equine dental care;

(5) is convicted of a felony under the laws of this state, another state, or the United States;

(6) engages in practices or conduct that violates the board's rules of professional conduct;

(7) permits another to use the person's license to practice veterinary medicine or certificate to practice equine dental care in this state;

(8) fraudulently issues a health certificate, vaccination certificate, test chart, or other form used in the practice of veterinary medicine that relates to the presence or absence of animal disease;

(9) issues a false certificate relating to the sale for human consumption of inedible animal products;

(10) commits fraud in connection with the application or reporting of a test of animal disease;

(11) pays or receives a kickback, rebate, bonus, or other remuneration for treating an animal or for referring a client to another provider of veterinary services or goods;

(12) performs or prescribes unnecessary or unauthorized treatment;

(13) orders a prescription drug or controlled substance for the treatment of an animal without first establishing a veterinarian-client-patient relationship;

(14) refuses to admit a board representative to inspect the person's client and patient records and business premises during regular business hours;

(15) fails to keep the person's equipment and business premises in a sanitary condition;

(16) commits gross malpractice or a pattern of acts that indicate consistent malpractice, negligence, or incompetence in the practice of veterinary medicine or the practice of equine dental care; or

(17) is subject to disciplinary action in another jurisdiction, including the suspension, probation, or revocation of a license to practice veterinary medicine or a certificate to practice equine dental care issued by another jurisdiction.

SECTION 11. Sections 801.405 and 801.406, Occupations Code, are amended to read as follows:

Sec. 801.405. MENTAL INCOMPETENCE. (a) The board may suspend or revoke a license or certificate if a court finds that the license or certificate holder is mentally incompetent.

(b) If a court determines that a person whose license or certificate is suspended or revoked under this section is mentally competent, the board may reinstate the person's license or certificate.

Sec. 801.406. REQUIRED DISCIPLINARY ACTION FOR CERTAIN FELONY CONVICTIONS. (a) On conviction of a license or certificate holder of a felony under Section 485.033, Health and Safety Code, or Chapter 481 or 483 of that code, the board shall, after conducting an administrative hearing in which the fact of conviction is determined, impose a penalty as provided by Section 801.401. The board shall set the amount of the penalty to match the seriousness of the conviction.

(b) [(c)] The board may reinstate or reissue a license or certificate suspended or revoked under this section only on an express determination based on substantial evidence contained in an investigative report indicating that reinstatement or reissuance of the license or certificate is in the best interests of:

(1) the public; and

(2) the person whose license or certificate has been suspended or revoked.

SECTION 12. Sections 801.407(a) and (d), Occupations Code, are amended to read as follows:

(a) A person is entitled to a hearing before the State Office of Administrative Hearings if the board:

(1) refuses to examine the person;

(2) denies the person's application for a license or certificate;

(3) revokes or suspends the person's license or certificate;

(4) places the person on probation;

(5) reprimands the person; or

(6) assesses an administrative penalty against the person.

(d) The board may conduct deliberations relating to a disciplinary action during executive session. At the conclusion of those deliberations, the board shall vote and announce its decision to the license or certificate holder in open session.

SECTION 13. Sections 801.408(b) and (e), Occupations Code, are amended to read as follows:

(b) Rules adopted under Subsection (a) must:

(1) provide the complainant and the license or certificate holder an opportunity to be heard; and

(2) require the presence of the board's general counsel or a representative of the attorney general during an informal proceeding to advise the board or the board's employees.

(e) At an informal proceeding under this section, and on agreement with the license or certificate holder, the board may order the license or certificate holder to refund an amount not to exceed the amount a client paid to the license or certificate holder instead of or in addition to imposing an administrative penalty under this chapter. The board may not require payment of other damages or estimate harm under this subsection.

SECTION 14. Section 801.409, Occupations Code, is amended to read as follows:

Sec. 801.409. TEMPORARY LICENSE OR CERTIFICATE SUSPENSION. (a) An executive committee of the board consisting of the president and two other board members appointed by the president may temporarily suspend the license or certificate of a license or certificate holder if the executive committee determines from the evidence or information presented to the committee that continued practice by the license or certificate holder constitutes a continuing or imminent threat to the public welfare. A temporary suspension may also be ordered on a majority vote of the board.

(b) The board by rule shall adopt procedures for the temporary suspension of a license or certificate under this section.

(c) A license or certificate temporarily suspended under this section may be suspended without notice or hearing if, at the time the suspension is ordered, a hearing on whether disciplinary proceedings under this chapter should be initiated against the license or certificate holder is scheduled to be held not later than the 14th day after the date of the suspension.

(d) A second hearing on the suspended license or certificate shall be held not later than the 60th day after the date the suspension is ordered. If the second hearing is not held in the time required by this subsection, the suspended license or certificate is automatically reinstated.

SECTION 15. Section 801.501, Occupations Code, is amended to read as follows:

Sec. 801.501. MONITORING LICENSE OR CERTIFICATE HOLDER. The board by rule shall develop a system for monitoring a license or certificate holder's compliance with the requirements of this chapter. The rules must include procedures to:

(1) monitor for compliance a license or certificate holder who is ordered by the board to perform certain acts; and

(2) identify and monitor a license or certificate holder who represents a risk to the public.

SECTION 16. Section 801.502(a), Occupations Code, is amended to read as follows:

(a) The board, through the attorney general or a district or county attorney, may bring an action for an injunction, or a proceeding incident to an injunction, to:

(1) enforce this chapter; or

(2) enjoin a person, including a corporation, organization, business trust, estate, trust, partnership, association, or other legal entity, from practicing veterinary medicine or equine dental care in violation of this chapter.

SECTION 17. The heading to Section 801.503, Occupations Code, is amended to read as follows:

Sec. 801.503. ASSESSMENT OF CIVIL PENALTY AGAINST PERSON NOT LICENSED OR CERTIFIED.

SECTION 18. Section 801.503(a), Occupations Code, is amended to read as follows:

(a) A person not licensed or certified under this chapter, including a corporation, organization, business trust, estate, trust, partnership, association, or other legal entity, who violates this chapter or a rule adopted by the board under this chapter is subject to a civil penalty of $1,000 for each day of violation.

SECTION 19. Section 801.505, Occupations Code, is amended to read as follows:

Sec. 801.505. BOARD MEMBER OR EMPLOYEE; FINE. A board member or employee shall pay a fine of not less than $1,000 or more than $5,000 if the member or employee:

(1) issues a license or certificate other than as provided by this chapter; or

(2) provides to an applicant for examination a list of questions to be propounded at the examination.

SECTION 20. Section 801.508(a), Occupations Code, is amended to read as follows:

(a) If it appears to the board that a person is engaging in an act or practice that constitutes the practice of veterinary medicine without a license or the practice of equine dental care without a license or certificate under this chapter, the board, after notice and opportunity for a hearing, may issue a cease and desist order prohibiting the person from engaging in the activity.

SECTION 21. (a) Not later than June 1, 2012, the State Board of Veterinary Medical Examiners shall adopt the rules required to implement the certification of equine dental care providers under Chapter 801, Occupations Code, as amended by this Act.

(b) Notwithstanding Section 801.260, Occupations Code, as added by this Act, a person employed as an equine dental care provider is not required to hold a certificate under Chapter 801, Occupations Code, and is not subject to the imposition of a penalty for not holding a certificate under that chapter before September 1, 2012.

SECTION 22. (a) Before September 1, 2013, the State Board of Veterinary Medical Examiners shall issue a certificate required by Section 801.260, Occupations Code, as added by this Act, to a person who has not completed a board-approved training program for certified equine dental care providers if the person:

(1) has performed acts that constitute the practice of equine dental care before September 1, 2012; and

(2) submits, with the application and other information required under Section 801.261(b), Occupations Code, as added by this Act, three notarized affidavits described by Subsection (b) of this section.

(b) Each affidavit must state that the affiant knows the applicant and that the applicant is known in the community to provide equine dental care commonly known as "tooth floating." The affiants must be residents of this state. At least one of the affiants must be a veterinarian licensed in this state. Two affiants must be horse owners.

(c) A certificate issued under this section may be renewed in the same manner as a certificate issued to a person who has completed a board-approved training program for certified equine dental care providers.

(d) The State Board of Veterinary Medical Examiners shall revoke a certificate issued to a person under this section if the person does not satisfactorily complete four hours of continuing education for certified equine dental care providers before the second anniversary of the date the certificate was issued.

(e) This section expires January 1, 2016.

SECTION 23. This Act takes effect September 1, 2011.