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A BILL TO BE ENTITLED
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AN ACT
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relating to the medical treatment and care of animals by certain |
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persons in animal shelters and releasing agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sec. 823.001, Health and Safety Code, is amended |
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by adding a new subsection as follows: |
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(5-a) "Releasing agency" has the meaning assigned by |
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Section 828.001, Health and Safety Code. |
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SECTION 2. Sec. 823.003, Health and Safety Code, is amended |
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by adding a new subsection as follows: |
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(e-1) Before an animal adoption becomes final, an animal |
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shelter or releasing agency must provide the proposed new owner |
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with a written history that shows if the animal has been screened or |
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tested for diseases and conditions that are common to that species. |
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If the animal has been tested, the written history should include |
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the dates and results of each test. |
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(e-2) The State Board of Veterinary Medical Examiners shall |
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promulgate forms that an animal shelter or releasing agency may use |
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to comply with subsection (e-1). An animal shelter or releasing |
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agency may use an alternative form, so long as it complies with |
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subsection (e-1). |
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(e-3) Nothing in this section requires an animal shelter or |
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releasing agency to provide certain screens or tests. |
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SECTION 3. Chapter 823, Health and Safety Code, is amended |
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by adding Section 823.004 to read as follows: |
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Sec. 823.004. TREATMENT OF ANIMALS ON BEHALF OF ANIMAL |
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SHELTERS AND RELEASING AGENCIES. (a) Notwithstanding any other |
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law, once an animal shelter or releasing agency takes possession of |
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an animal: |
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(1) A veterinarian acting on behalf of the animal |
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shelter or releasing agency may: |
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a. Perform a surgical or nonsurgical |
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sterilization of: |
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i. A dog or cat that shows no evidence |
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of ownership; or |
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ii. A dog or cat that is surrendered |
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by its owner or whose owner has not claimed the animal within the |
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hold period as designed by local law; |
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b. Prescribe or administer a vaccine or |
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medication for or to the animal; and |
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c. Provide any other treatment that the |
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veterinarian reasonably believes will promote the health and |
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wellbeing of the animal or to alleviate the pain, suffering, or |
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discomfort of the animal; |
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(2) An unlicensed employee, volunteer, or agent acting |
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on behalf of the animal shelter or releasing agency may provide |
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nonsurgical veterinary care or treatment to the animal: |
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a. Under the authorization and general |
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supervision of a veterinarian; or |
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b. Pursuant to a protocol approved by a |
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veterinarian; and |
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(3) Any employee, volunteer, or agent acting on behalf |
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of the animal shelter or releasing agency may provide emergency |
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veterinary care or treatment to the animal. |
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(b) Notwithstanding any other law, a veterinarian who |
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provides treatment on behalf of an animal shelter or releasing |
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agency may deliver or cause to be delivered a medication to an |
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unlicensed employee, volunteer, or agent of an animal shelter or |
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releasing agency. The unlicensed employee, volunteer, or agent may |
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then administer the medication in keeping with the veterinarian's |
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instructions. A veterinarian who delivers or causes to be |
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delivered a controlled substance under this section must comply |
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with Section 801.359, Occupations Code. |
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SECTION 4. Subchapter A, Chapter 801, Occupations Code, is |
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amended by adding Section 801.0011 to read as follows: |
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Sec. 801.0011. POLICY; CONSTRUCTION. (a) The Legislature |
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hereby finds that the public's attitude towards animal shelters and |
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releasing agencies has shifted since this chapter was first |
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enacted. As a result of this shift, many animal shelters and |
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releasing agencies now seek to save the life of as many stray, |
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homeless, abandoned, or unwanted animals as possible. The |
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Legislature intends to promote this practice. |
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(b) This chapter should be construed in favor of licensed |
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veterinarians and unlicensed persons who care for stray, homeless, |
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abandoned, or unwanted animals that would be killed but for their |
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care so long as they are acting with a good faith intent to save |
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animals' lives and with reasonable consideration of animals' pain. |
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SECTION 5. Sec. 801.002, Occupations Code, is amended by |
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adding subsections (0), (5-a), and (5-b) to read as follows: |
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(0) "Animal shelter" has the meaning assigned by |
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Section 823.001, Health and Safety Code; |
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(5-a) "Releasing agency" has the meaning assigned by |
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Section 828.001, Health and Safety Code; |
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(5-b) "Safety net shelter" means an animal shelter |
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that: |
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(A) Accepts animals without regard to their breed |
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or size; |
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(B) Attempts to rehome or provide hospice care to |
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all of the animals it receives; and |
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(C) During its latest full calendar year, |
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satisfied the no-kill benchmarks in Section 801.0021. |
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SECTION 6. Subchapter A, Chapter 801, Occupations Code, is |
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amended by adding Section 801.0021 to read as follows: |
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Sec. 801.0021. NO-KILL BENCHMARKS. (a) To satisfy the |
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no-kill benchmarks, an animal shelter must first declare its intent |
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to satisfy the no-kill benchmarks in writing to the department. |
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(b) During the first two years after an animal shelter |
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declares its intent under subsection (a), an animal shelter |
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satisfies the no-kill benchmarks if it euthanizes 30% or less of the |
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animals it takes ownership of in a year. |
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(b) During the third and fourth years after an animal |
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shelter declares its intent under subsection (a), an animal shelter |
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satisfies the no-kill benchmarks if it euthanizes 20% or less of the |
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animals it takes ownership of in a year. |
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(c) Beginning on the four-year anniversary of the date the |
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animal shelter declared its intent under subsection(a), an animal |
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shelter satisfies the no-kill benchmarks if it euthanizes 15% or |
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less of the animals it takes ownership of in a year. |
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SECTION 7. Sec. 801.004, Occupations Code, is amended to |
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read as follows: |
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Sec. 801.004. APPLICATION OF CHAPTER. (a)Except as |
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provided by Section 801.4021, this chapter does 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; |
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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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if the act is performed under the direct supervision of a |
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veterinarian; |
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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 8. Section 801.351, Occupations Code, is amended by |
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adding a new subsection as follows: |
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(d) This section does not apply to a person who provides |
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treatment on behalf of an animal shelter or releasing agency. |
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SECTION 9. Section 801.359, Occupations Code, is amended as |
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follows: |
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Sec. 801.359. [CONTROLLED SUBSTANCES RECORDS] |
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RECORDKEEPING REQUIREMENTS. (a) The board shall require each |
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veterinarian to maintain a recordkeeping system for controlled |
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substances as required by Chapter 481, Health and Safety Code. |
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(b) The records required to be maintained under subsection |
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(a) are subject to review by a law enforcement agency or board |
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representative. |
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(c) The records required to be maintained under subsection |
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(a) may be maintained in a daily log, or in billing records, |
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provided that the treatment information that is entered is adequate |
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to substantiate the identification of the animals treated and the |
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medical care provided. Animal shelter or releasing agency |
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employees, volunteers, or agents who are not veterinarians but who |
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act under the general supervision or protocol of a veterinarian may |
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contribute to the records. |
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SECTION 10. Sec. 801.402, Occupations Code, is amended to |
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read as follows: |
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Sec. 801.402. GENERAL GROUNDS FOR LICENSE DENIAL OR |
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DISCIPLINARY ACTION. Except as provided by Section 801.4021, a |
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person is subject to denial of a license or to disciplinary action |
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under Section 801.401 if the person: |
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(1) presents to the board dishonest or fraudulent |
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evidence of the person's qualifications; |
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(2) commits fraud or deception in the examination |
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process or to obtain a license; |
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(3) is chronically or habitually intoxicated, |
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chemically dependent, or addicted to drugs; |
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(4) engages in dishonest or illegal practices in, or |
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connected with, the practice of veterinary medicine or the practice |
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of equine dentistry; |
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(5) is convicted of a felony under the laws of this |
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state, another state, or the United States; |
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(6) engages in practices or conduct that violates the |
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board's rules of professional conduct; |
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(7) permits another to use the person's license to |
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practice veterinary medicine or to practice equine dentistry in |
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this state; |
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(8) fraudulently issues a health certificate, |
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vaccination certificate, test chart, or other form used in the |
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practice of veterinary medicine or the practice of equine dentistry |
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that relates to the presence or absence of animal disease; |
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(9) issues a false certificate relating to the sale |
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for human consumption of inedible animal products; |
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(10) commits fraud in connection with the application |
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or reporting of a test of animal disease; |
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(11) pays or receives a kickback, rebate, bonus, or |
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other remuneration for treating an animal or for referring a client |
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to another provider of veterinary or equine dental services or |
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goods; |
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(12) performs or prescribes unnecessary or |
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unauthorized treatment; |
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(13) orders a prescription drug or controlled |
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substance for the treatment of an animal without first establishing |
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a veterinarian-client-patient relationship; |
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(14) refuses to admit a board representative to |
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inspect the person's client and patient records and business |
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premises during regular business hours; |
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(15) fails to keep the person's equipment and business |
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premises in a sanitary condition; |
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(16) commits gross malpractice or a pattern of acts |
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that indicate consistent malpractice, negligence, or incompetence |
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in the practice of veterinary medicine or the practice of equine |
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dentistry; |
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(17) is subject to disciplinary action in another |
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jurisdiction, including the suspension, probation, or revocation |
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of a license to practice veterinary medicine or to practice equine |
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dentistry issued by another jurisdiction; |
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(18) is convicted for an offense under Section 42.09, |
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42.091, or 42.092, Penal Code; |
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(19) represents the person as a veterinarian without a |
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license issued under this chapter; |
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(20) practices veterinary medicine or assists in the |
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practice of veterinary medicine without a license issued under this |
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chapter; or |
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(21) violates Section 801.353 or a rule adopted by the |
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board related to confidentiality. |
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SECTION 11. Subchapter I, Chapter 801, Occupations Code, is |
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amended by adding Section 801.4021 to read as follows: |
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Sec. 801.4021. DISCIPLINE FOR TREATMENT OR CARE PERFORMED |
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ON BEHALF OF AN ANIMAL SHELTER OR RELEASING AGENCY. (a) |
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Notwithstanding any other law, the board may not deny a license or |
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take disciplinary action against an unlicensed person for providing |
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treatment or care in accordance with Section 823.004, Health and |
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Safety Code. |
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(b) The board may not deny a license or take disciplinary |
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action against a veterinarian for providing treatment or care to an |
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animal on behalf of an animal shelter or releasing agency unless the |
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veterinarian acted without regard for the animal's health or safety |
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or intended to cause the animal pain. |
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(c) It is an affirmative defense to an action under |
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subsection (b) that the veterinarian: |
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(i) provided the treatment or care in |
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question on behalf of a safety net shelter; |
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(ii) had a reasonable belief that the |
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treatment or care provided would enable the animal to survive an |
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illness or injury; and |
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(iii) gave reasonable consideration to the |
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animal's pain. |
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(d) In making a determination under subsection (b) or (c), |
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the board |
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(i) may not rely solely on: |
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(A) allegations made by a person who |
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lacks personal knowledge of the underlying events; or |
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(B) the fact that the treatment or |
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care provided is new, innovative, low-cost, or results in the |
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animal's death; and |
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(ii) shall consider: |
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(A) the policy statement in Section |
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801.0011; |
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(B) the veterinarian's intent; and |
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(C) the size, sophistication, and |
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fiscal constraints of the animal shelter or releasing agency. |
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(e) Notwithstanding any other law, a veterinarian or |
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unlicensed person working on behalf of an animal shelter or |
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releasing agency is not liable for a violation of this chapter or |
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any applicable rules unless the violation is committed by: |
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(i) the veterinarian or unlicensed person; |
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or |
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(ii) a person under the direct or immediate |
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supervision of the veterinarian or unlicensed person. |
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SECTION 12. Section 801.410, Occupations Code, is amended |
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to read as follows: |
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Sec. 801.410. VENUE AND STANDARD OF REVIEW FOR APPEALS. An |
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appeal of an action of the board must be filed in a district court in |
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Travis County and is reviewed by trial de novo. |
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SECTION 13. This Act takes effect September 1, 2017. |