BILL ANALYSIS

H.B. 2787

By: Springer

Agriculture & Livestock

Committee Report (Unamended)

BACKGROUND AND PURPOSE

It has been reported that many veterinarians are unsure whether they can legally disclose information concerning the care and treatment provided to an animal without being subject to disciplinary action by the State Board of Veterinary Medical Examiners, considering the limited circumstances prescribed by law under which a veterinarian may disclose this information. H.B. 2787 seeks to address this issue by establishing and clarifying provisions relating to certain confidential or privileged information regarding veterinary care or treatment.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2787 amends the Occupations Code to establish that the privilege provided by the confidential relationship between a veterinarian and the veterinarian's client is waived by the client or the owner of the animal treated by the veterinarian with respect to information regarding the animal's care and treatment that the client or owner publishes in a public forum. The bill establishes that a veterinarian does not violate the confidential relationship by providing to a veterinarian or an appropriate governmental entity information regarding the prescribing, dispensing, or requesting of a controlled substance or regarding cruelty to or an attack of an animal. The bill requires a governmental entity that receives information under those circumstances to maintain the confidentiality of that information and prohibits the entity from disclosing the information under state public information law. The bill includes law enforcement purposes among the authorized uses of such information.

EFFECTIVE DATE

September 1, 2019.