| 1 | 1 | | 81R757 BEF-F |
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| 2 | 2 | | By: Miller of Erath H.B. No. 378 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to non-veterinary horse dentistry. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 801.004, Occupations Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | Sec. 801.004. APPLICATION OF CHAPTER. This chapter does |
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| 12 | 12 | | not apply to: |
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| 13 | 13 | | (1) the treatment or care of an animal in any manner by |
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| 14 | 14 | | the owner of the animal, an employee of the owner, or a designated |
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| 15 | 15 | | caretaker of the animal, unless the ownership, employment, or |
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| 16 | 16 | | designation is established with the intent to violate this chapter; |
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| 17 | 17 | | (2) a person who performs an act prescribed by the |
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| 18 | 18 | | board as an accepted livestock management practice, including: |
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| 19 | 19 | | (A) castrating a male animal raised for human |
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| 20 | 20 | | consumption; |
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| 21 | 21 | | (B) docking or earmarking an animal raised for |
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| 22 | 22 | | human consumption; |
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| 23 | 23 | | (C) dehorning cattle; |
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| 24 | 24 | | (D) aiding in the nonsurgical birth process of a |
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| 25 | 25 | | large animal, as defined by board rule; |
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| 26 | 26 | | (E) treating an animal for disease prevention |
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| 27 | 27 | | with a nonprescription medicine or vaccine; |
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| 28 | 28 | | (F) branding or identifying an animal in any |
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| 29 | 29 | | manner; |
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| 30 | 30 | | (G) artificially inseminating an animal, |
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| 31 | 31 | | including training, inseminating, and compensating for services |
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| 32 | 32 | | related to artificial insemination; [and] |
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| 33 | 33 | | (H) shoeing a horse; and |
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| 34 | 34 | | (I) floating a horse's teeth; |
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| 35 | 35 | | (3) the performance of a cosmetic or production |
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| 36 | 36 | | technique to reduce injury in poultry intended for human |
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| 37 | 37 | | consumption; |
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| 38 | 38 | | (4) the performance of a duty by a veterinarian's |
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| 39 | 39 | | employee if: |
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| 40 | 40 | | (A) the duty involves food production animals; |
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| 41 | 41 | | (B) the duty does not involve diagnosis, |
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| 42 | 42 | | prescription, or surgery; |
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| 43 | 43 | | (C) the employee is under the direction and |
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| 44 | 44 | | general supervision of the veterinarian; and |
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| 45 | 45 | | (D) the veterinarian is responsible for the |
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| 46 | 46 | | employee's performance; |
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| 47 | 47 | | (5) the performance of an act by a person who is a |
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| 48 | 48 | | full-time student of an accredited college of veterinary medicine |
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| 49 | 49 | | or is a foreign graduate of a board-approved equivalent competency |
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| 50 | 50 | | program for foreign veterinary graduates and who is participating |
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| 51 | 51 | | in a board-approved extern or preceptor program if the act is |
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| 52 | 52 | | performed under the direct supervision of a veterinarian employing |
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| 53 | 53 | | the person; |
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| 54 | 54 | | (6) an animal shelter employee who performs euthanasia |
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| 55 | 55 | | in the course and scope of the person's employment if the person has |
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| 56 | 56 | | successfully completed training in accordance with Chapter 829, |
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| 57 | 57 | | Health and Safety Code; |
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| 58 | 58 | | (7) a person who is engaged in a recognized |
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| 59 | 59 | | state-federal cooperative disease eradication or control program |
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| 60 | 60 | | or an external parasite control program while the person is |
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| 61 | 61 | | performing official duties required by the program; |
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| 62 | 62 | | (8) a person who, without expectation of compensation, |
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| 63 | 63 | | provides emergency care in an emergency or disaster; or |
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| 64 | 64 | | (9) a consultation given to a veterinarian in this |
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| 65 | 65 | | state by a person who: |
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| 66 | 66 | | (A) resides in another state; and |
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| 67 | 67 | | (B) is lawfully qualified to practice veterinary |
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| 68 | 68 | | medicine under the laws of that state. |
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| 69 | 69 | | SECTION 2. This Act takes effect immediately if it receives |
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| 70 | 70 | | a vote of two-thirds of all the members elected to each house, as |
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| 71 | 71 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 72 | 72 | | Act does not receive the vote necessary for immediate effect, this |
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| 73 | 73 | | Act takes effect September 1, 2009. |
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