Texas 2009 - 81st Regular

Texas House Bill HB1562 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R9473 YDB-F
2	2	By: Aycock H.B. No. 1562
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the confidentiality of investigation records of the
8	8	State Board of Veterinary Medical Examiners and clarification of
9	9	the regulatory authority of the board.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 801.004, Occupations Code, is amended to
12	12	read as follows:
13	13	Sec. 801.004. APPLICATION OF CHAPTER. This chapter does
14	14	not apply to:
15	15	(1) the treatment or care of an animal in any manner by
16	16	the owner of the animal, an employee of the owner, or a designated
17	17	caretaker of the animal, unless the ownership, employment, or
18	18	designation is established with the intent to violate this chapter;
19	19	(2) a person who performs an act prescribed by the
20	20	board as an accepted livestock management practice, including:
21	21	(A) castrating a male animal raised for human
22	22	consumption;
23	23	(B) docking or earmarking an animal raised for
24	24	human consumption;
25	25	(C) dehorning cattle;
26	26	(D) aiding in the nonsurgical birth process of a
27	27	large animal, as defined by board rule;
28	28	(E) treating an animal for disease prevention
29	29	with a nonprescription medicine or vaccine;
30	30	(F) branding or identifying an animal in any
31	31	manner;
32	32	(G) artificially inseminating an animal,
33	33	including training, inseminating, and compensating for services
34	34	related to artificial insemination; and
35	35	(H) shoeing a horse;
36	36	(3) the performance of a cosmetic or production
37	37	technique to reduce injury in poultry intended for human
38	38	consumption;
39	39	(4) the performance of a duty by a veterinarian's
40	40	employee if:
41	41	(A) the duty involves food production animals;
42	42	(B) the duty does not involve diagnosis,
43	43	prescription, or surgery;
44	44	(C) the employee is under the direction and
45	45	general supervision of the veterinarian; and
46	46	(D) the veterinarian is responsible for the
47	47	employee's performance;
48	48	(5) the performance of an act by a person who is a
49	49	full-time student of an accredited college of veterinary medicine,
50	50	[or is a foreign graduate of a board-approved equivalent competency
51	51	program for foreign veterinary graduates and who is participating
52	52	in a board-approved extern or preceptor program] if the act is
53	53	performed under the direct supervision of a veterinarian employing
54	54	the person;
55	55	(6) the performance of an act by a person who is a
56	56	full-time student in a veterinary program of an accredited college
57	57	of veterinary medicine, if the act is performed under the direct
58	58	supervision of a veterinarian licensed in this state;
59	59	(7) an animal shelter employee who performs euthanasia
60	60	in the course and scope of the person's employment if the person has
61	61	successfully completed training in accordance with Chapter 829,
62	62	Health and Safety Code;
63	63	(8) [(7)] a person who is engaged in a recognized
64	64	state-federal cooperative disease eradication or control program
65	65	or an external parasite control program while the person is
66	66	performing official duties required by the program;
67	67	(9) [(8)] a person who, without expectation of
68	68	compensation, provides emergency care in an emergency or disaster;
69	69	or
70	70	(10) [(9)] a consultation given to a veterinarian in
71	71	this state by a person who:
72	72	(A) resides in another state; and
73	73	(B) is lawfully qualified to practice veterinary
74	74	medicine under the laws of that state.
75	75	SECTION 2. Section 801.207, Occupations Code, is amended to
76	76	read as follows:
77	77	Sec. 801.207. CONFIDENTIALITY OF INVESTIGATION FILES
78	78	[PUBLIC RECORD; EXCEPTION]. (a) The board's investigation files
79	79	are confidential, privileged, and not subject to discovery,
80	80	subpoena, or any other means of legal compulsion for release other
81	81	than to the board or an employee or agent of the board. [Except as
82	82	provided by Subsection (b), a board record is a public record and is
83	83	available for public inspection during normal business hours.]
84	84	(b) The board shall share information in investigation
85	85	files with another state or federal regulatory agency or with a
86	86	local, state, or federal law enforcement agency regardless of
87	87	whether the investigation has been completed. The board is not
88	88	required to disclose under this subsection information that is an
89	89	attorney-client communication, an attorney work product, or other
90	90	information protected by a privilege recognized by the Texas Rules
91	91	of Civil Procedure or the Texas Rules of Evidence.
92	92	(c) On completion of the investigation and before a
93	93	contested case hearing, the board shall provide to the license
94	94	holder, subject to any other privilege or restriction established
95	95	by rule, statute, or legal precedent, access to all information in
96	96	the board's possession that the board intends to offer into
97	97	evidence in presenting its case in chief at the contested case
98	98	hearing under Chapter 2001, Government Code, on the complaint. The
99	99	board is not required to provide:
100	100	(1) a board investigative report or memorandum;
101	101	(2) the identity of a non-testifying complainant; or
102	102	(3) attorney-client communications, attorney work
103	103	product, or other materials covered by a privilege recognized by
104	104	the Texas Rules of Civil Procedure or the Texas Rules of Evidence.
105	105	(d) Notwithstanding Subsection (a), the board may:
106	106	(1) disclose a complaint to the affected license
107	107	holder;
108	108	(2) provide to a complainant the license holder's
109	109	response to the complaint, if providing the response is considered
110	110	by the board to be necessary to investigate the complaint; and
111	111	(3) disclose information regarding a complaint and an
112	112	investigation to:
113	113	(A) a person involved with the board in a
114	114	disciplinary action against a license holder;
115	115	(B) a veterinary licensing or disciplinary board
116	116	in another jurisdiction; or
117	117	(C) a peer assistance program approved by the
118	118	board.
119	119	(e) This section does not prohibit the board or another
120	120	party in a disciplinary action from offering into evidence in a
121	121	contested case under Chapter 2001, Government Code, a record,
122	122	document, or other information obtained or created during an
123	123	investigation.
124	124	(f) The board's filing of formal charges against a license
125	125	holder, the nature of the charges, and the board's final
126	126	disciplinary actions, including warnings and reprimands, are not
127	127	confidential and are subject to disclosure in accordance with
128	128	Chapter 552, Government Code. The furnishing of information under
129	129	this section does not constitute a waiver of any other privilege or
130	130	confidentiality provision established under this section or any
131	131	other law. [An investigation record of the board, including a
132	132	record relating to a complaint that is found to be groundless, is
133	133	confidential.]
134	134	SECTION 3. Sections 801.401(a) and (c), Occupations Code,
135	135	are amended to read as follows:
136	136	(a) If an applicant or license holder is subject to denial
137	137	of a license or to disciplinary action under Section 801.402, the
138	138	board may:
139	139	(1) refuse to examine an applicant or to issue or renew
140	140	a license;
141	141	(2) revoke or suspend a license;
142	142	(3) place on probation a license holder or person
143	143	whose license has been suspended;
144	144	(4) reprimand a license holder; and [or]
145	145	(5) impose an administrative penalty.
146	146	(c) The board may require a license holder whose license
147	147	suspension is probated to:
148	148	(1) report regularly to the board on matters that are
149	149	the basis of the probation;
150	150	(2) limit practice to the areas prescribed by the
151	151	board; and [or]
152	152	(3) continue or review continuing professional
153	153	education until the license holder attains a degree of skill
154	154	satisfactory to the board in those areas that are the basis of the
155	155	probation.
156	156	SECTION 4. This Act takes effect immediately if it receives
157	157	a vote of two-thirds of all the members elected to each house, as
158	158	provided by Section 39, Article III, Texas Constitution. If this
159	159	Act does not receive the vote necessary for immediate effect, this
160	160	Act takes effect September 1, 2009.