| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the disciplinary authority of the State Board of |
|
|
Veterinary Medical Examiners. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 801.402, Occupations Code, is amended to |
|
|
read as follows: |
|
|
Sec. 801.402. GENERAL GROUNDS FOR LICENSE DENIAL OR |
|
|
DISCIPLINARY ACTION. A person is subject to denial of a license 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; |
|
|
(3) is chronically or habitually intoxicated, |
|
|
chemically dependent, or addicted to drugs or has improperly |
|
|
obtained, possessed, used, or distributed a habit-forming drug or |
|
|
narcotic; |
|
|
(4) engages in dishonest or illegal practices in, or |
|
|
connected with, the practice of veterinary medicine or the practice |
|
|
of equine dentistry; |
|
|
(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 to practice equine dentistry in |
|
|
this state; |
|
|
(8) fraudulently issues a health certificate, |
|
|
vaccination certificate, test chart, or other form used in the |
|
|
practice of veterinary medicine or the practice of equine dentistry |
|
|
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 or equine dental 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 |
|
|
dentistry; |
|
|
(17) is subject to disciplinary action in another |
|
|
jurisdiction, including the suspension, probation, or revocation |
|
|
of a license to practice veterinary medicine or to practice equine |
|
|
dentistry issued by another jurisdiction; |
|
|
(18) is convicted for an offense under Section 42.09, |
|
|
42.091, or 42.092, Penal Code; |
|
|
(19) represents the person as a veterinarian without a |
|
|
license issued under this chapter; |
|
|
(20) practices veterinary medicine or assists in the |
|
|
practice of veterinary medicine without a license issued under this |
|
|
chapter; or |
|
|
(21) violates Section 801.353 or a rule adopted by the |
|
|
board related to confidentiality. |
|
|
SECTION 2. Subchapter I, Chapter 801, Occupations Code, is |
|
|
amended by adding Section 801.4025 to read as follows: |
|
|
Sec. 801.4025. SUBMISSION TO MENTAL OR PHYSICAL EVALUATION. |
|
|
(a) In enforcing Section 801.402(3) the board, on probable cause as |
|
|
determined by the board, may request an applicant for or holder of a |
|
|
license to submit to a mental or physical evaluation by a physician |
|
|
or other health care professional designated by the board. |
|
|
(b) If the applicant or license holder refuses to submit to |
|
|
the evaluation under Subsection (a), the board shall issue an order |
|
|
requiring the applicant or license holder to show cause why the |
|
|
applicant or license holder will not submit to the evaluation. The |
|
|
board shall schedule a hearing on the order not later than the 30th |
|
|
day after the date notice is served on the applicant or license |
|
|
holder. The board shall notify the applicant or license holder of |
|
|
the order and hearing by personal service or certified mail, return |
|
|
receipt requested. |
|
|
(c) At the hearing, the applicant or license holder and the |
|
|
applicant's or license holder's attorney are entitled to present |
|
|
testimony or other evidence to show why the applicant or license |
|
|
holder should not be required to submit to the evaluation. The |
|
|
applicant or license holder has the burden of proof to show why the |
|
|
applicant or license holder should not be required to submit to the |
|
|
evaluation. |
|
|
(d) After the hearing, the board by order shall require the |
|
|
applicant or license holder to submit to the evaluation not later |
|
|
than the 60th day after the date of the order or withdraw the |
|
|
request for an evaluation. |
|
|
SECTION 3. Section 801.402, Occupations Code, as amended by |
|
|
this Act, applies only to conduct that occurs on or after the |
|
|
effective date of this Act. Conduct that occurs before the |
|
|
effective date of this Act is governed by the law in effect on the |
|
|
date the conduct occurred, and the former law is continued in effect |
|
|
for that purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2019. |