By: Springer, Raymond, Kacal H.B. No. 2787
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain confidential or privileged information related
  to veterinary care or treatment and to the liability of volunteer
  certified veterinary assistants, licensed veterinary technicians,
  or veterinarians who provide medical assistance to an injured
  animal in certain situations.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 801.353, Occupations Code, is amended by
  adding Subsections (d-2) and (f-1) and amending Subsection (g) to
  read as follows:
         (d-2)  The privilege provided by this section 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 by the veterinarian that the client or owner publishes in
  a public forum if:
               (1)  the information shared by the client or owner in
  the public forum is false with respect to the veterinarian;
               (2)  any information shared by the veterinarian in
  response is limited to factual information of which the
  veterinarian has knowledge that directly refutes the false
  information shared by the client or owner in the public forum; and
               (3)  the veterinarian does not share any personally
  identifiable information of a client or owner other than the full
  name of the client or owner.
         (f-1)  A veterinarian does not violate this section by
  providing to a veterinarian or an appropriate governmental entity
  information regarding:
               (1)  the prescribing, dispensing, or requesting of a
  controlled substance; or
               (2)  cruelty to or an attack of an animal.
         (g)  A public health authority or other governmental entity
  that receives information under Subsection (f) or (f-1) shall
  maintain the confidentiality of the information, may not disclose
  the information under Chapter 552, Government Code, and may not use
  the information for a purpose that does not directly relate to law
  enforcement or the protection of public health and safety.
         SECTION 2.  (a)  Title 4, Civil Practice and Remedies Code,
  is amended by adding Chapter 91B to read as follows:
  CHAPTER 91B. LIABILITY OF VOLUNTEER VETERINARY PRACTITIONERS
         Sec. 91B.001.  DEFINITIONS. In this chapter, "certified
  veterinary assistant," "licensed veterinary technician," and
  "veterinarian" have the meanings assigned by Section 801.002,
  Occupations Code.
         Sec. 91B.002.  IMMUNITY FROM LIABILITY. (a) Except as
  provided by Section 91B.003, a certified veterinary assistant,
  licensed veterinary technician, or veterinarian who in good faith
  and as a volunteer provides medical assistance to an injured animal
  is immune from civil liability for an act or omission that occurs in
  providing that medical assistance if the medical assistance is
  provided:
               (1)  in response to an incident that is a man-made or
  natural disaster that injures, endangers, or threatens to endanger
  the animal;
               (2)  at the request of the owner of the animal or an
  authorized representative of a local, state, or federal agency,
  including a fire department, a police department, an emergency
  management agency, or a disaster response agency; and
               (3)  within the scope of practice authorized and level
  of supervision required under Chapter 801, Occupations Code.
         (b)  This section does not apply to a certified veterinary
  assistant, licensed veterinary technician, or veterinarian giving
  medical assistance for or in expectation of compensation from or on
  behalf of the owner of the animal in excess of reimbursement for
  expenses incurred.
         Sec. 91B.003.  APPLICABILITY. This chapter does not apply
  to an act or omission that is grossly negligent or intentional
  misconduct.
         (b)  Chapter 91B, Civil Practice and Remedies Code, as added
  by this Act, does not apply to a cause of action that accrued before
  the effective date of this Act. A cause of action that accrued
  before the effective date of this Act is governed by the law
  applicable to the cause of action immediately before the effective
  date of this Act, and that law is continued in effect for that
  purpose.
         
         SECTION 3.  Section 801.353, Occupations Code, as amended by
  this Act, applies only to the disclosure or release of information
  under that section on or after the effective date of this Act. The
  disclosure or release of information before that date is governed
  by the law in effect on the date of the disclosure or release, and
  the former law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2019.