BILL ANALYSIS

H.B. 3397

By: Kitzman

Agriculture & Livestock

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Concerns have been raised regarding the experiences of some animal owners when seeking animal chiropractic treatment for their pets and livestock. The need for a veterinarian referral for this treatment places an additional financial burden on the animal owner and can create a barrier to treatment. For the animal, the requirement of a referral increases the amount of suffering, as finding and scheduling a veterinarian visit may take time. This period is often extended, especially in rural areas, by the inability to find a nearby veterinarian willing to make a referral. This unwillingness is a direct result of existing law which requires an animal chiropractor to operate under veterinarian supervision, which exposes a veterinarian to unnecessary risk and liability. H.B. 3397 seeks to address this issue by revising the list of individuals who may perform chiropractic treatment in order to create a path to treatment, independent of a veterinarian referral, while still maintaining a high level of quality care.

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 rulemaking authority is expressly granted to the State Board of Veterinary Medical Examiners in SECTION 1 of this bill.

ANALYSIS

H.B. 3397 amends the Occupations Code to replace the requirement for the rules of the State Board of Veterinary Medical Examiners (TBVME) to ensure that chiropractic treatment is performed only by a veterinarian or under the supervision of a veterinarian with a requirement that the rules ensure that chiropractic treatment and musculoskeletal manipulation are performed only by the following:

· a veterinarian who is active and in good standing; or

· a state-licensed chiropractor in good standing who is either certified in good standing by the American Veterinary Chiropractic Association or acting under the supervision of a veterinarian.

H.B. 3397 requires the TBVME, not later than June 1, 2024, to adopt rules necessary to implement the bill's provisions.

EFFECTIVE DATE

September 1, 2023.