| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the liability of certain volunteers who provide |
|
|
veterinary care or treatment and certain confidential or privileged |
|
|
information related to veterinary care or treatment. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. 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 veterinary care or treatment to an |
|
|
injured animal is immune from civil liability for an act or omission |
|
|
that occurs in providing that care or treatment if the care or |
|
|
treatment 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 |
|
|
veterinary care or treatment 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. |
|
|
SECTION 2. 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 3. 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 4. 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 5. This Act takes effect September 1, 2021. |