Texas 2011 - 82nd Regular

Texas Senate Bill SB1032 Compare Versions

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1	1	By: Seliger S.B. No. 1032
2	2	(Hardcastle)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the licensure and regulation of equine dental
8	8	providers; providing penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 801.002, Occupations Code, is amended by
11	11	adding Subdivisions (3-a) and (4-a) to read as follows:
12	12	(3-a) "Equine dentistry" means any diagnosis,
13	13	treatment, or surgical procedure performed on the head or oral
14	14	cavity of an equine animal. The term includes:
15	15	(A) any procedure that invades the tissues of the
16	16	oral cavity, including a procedure to:
17	17	(i) remove sharp enamel projections;
18	18	(ii) treat malocclusions of the teeth;
19	19	(iii) reshape teeth; and
20	20	(iv) extract one or more teeth;
21	21	(B) the treatment or extraction of damaged or
22	22	diseased teeth;
23	23	(C) the treatment of diseased teeth through
24	24	restoration and endodontic procedures;
25	25	(D) periodontal treatments, including:
26	26	(i) the removal of calculus, soft deposits,
27	27	plaque, and stains above the gum line; and
28	28	(ii) the smoothing, filing, and polishing
29	29	of tooth surfaces; and
30	30	(E) dental radiography.
31	31	(4-a) "Licensed equine dental provider" means a person
32	32	who holds a license to practice equine dentistry issued under this
33	33	chapter.
34	34	SECTION 2. Section 801.151, Occupations Code, is amended by
35	35	amending Subsection (c) and adding Subsections (e) and (f) to read
36	36	as follows:
37	37	(c) The board shall adopt rules to:
38	38	(1) protect the public; [and]
39	39	(2) ensure that alternate therapies, including
40	40	ultrasound diagnosis and therapy, magnetic field therapy, holistic
41	41	medicine, homeopathy, chiropractic treatment, acupuncture, and
42	42	laser therapy, are performed only by a veterinarian or under the
43	43	supervision of a veterinarian; and
44	44	(3) ensure that equine dentistry is performed only by
45	45	a veterinarian who is active and in good standing or by a licensed
46	46	equine dental provider who is active and in good standing under the
47	47	appropriate level of supervision of a veterinarian who is active
48	48	and in good standing and who has established a
49	49	veterinarian-client-patient relationship with the owner or other
50	50	caretaker of an animal and the animal in accordance with Section
51	51	801.351.
52	52	(e) The board shall adopt rules to implement a jurisprudence
53	53	examination for licensed equine dental providers, including rules
54	54	relating to the development and administration of the examination,
55	55	examination fees, guidelines for reexamination, examination
56	56	grading, and provision of notice of examination results.
57	57	(f) The board may not adopt rules that unreasonably restrict
58	58	the selection by the owner or other caretaker of an animal of a
59	59	licensed equine dental provider who is in good standing to provide
60	60	equine dental services.
61	61	SECTION 3. Subsections (b) and (d), Section 801.154,
62	62	Occupations Code, are amended to read as follows:
63	63	(b) The veterinarian license renewal fee set by the board
64	64	under this chapter is the amount set by the board under Subsection
65	65	(a) and an additional fee of $200.
66	66	(d) The additional fee under Subsection (b) does not apply
67	67	to a veterinarian [license holder] who is:
68	68	(1) exempt from paying the renewal fee under Section
69	69	801.304; or
70	70	(2) placed on inactive status as provided by Section
71	71	801.306.
72	72	SECTION 4. Section 801.156, Occupations Code, is amended to
73	73	read as follows:
74	74	Sec. 801.156. REGISTRY. (a) The board shall maintain a
75	75	record of each license holder's [veterinarian's]:
76	76	(1) name;
77	77	(2) residence address; and
78	78	(3) business address.
79	79	(b) A license holder [veterinarian] shall notify the board
80	80	of a change of business address or employer not later than the 60th
81	81	day after the date the change takes effect.
82	82	SECTION 5. Subsection (b), Section 801.203, Occupations
83	83	Code, is amended to read as follows:
84	84	(b) The board shall list with its regular telephone number
85	85	any toll-free telephone number established under other state law
86	86	for presenting a complaint about a license holder [veterinarian].
87	87	SECTION 6. Subsection (b), Section 801.2056, Occupations
88	88	Code, is amended to read as follows:
89	89	(b) A complaint delegated under this section shall be
90	90	referred for informal proceedings under Section 801.408 if:
91	91	(1) the committee determines that the complaint should
92	92	not be dismissed or settled;
93	93	(2) the committee is unable to reach an agreed
94	94	settlement; or
95	95	(3) the license holder [veterinarian] who is the
96	96	subject of the complaint requests that the complaint be referred
97	97	for informal proceedings.
98	98	SECTION 7. Sections 801.251 and 801.252, Occupations Code,
99	99	are amended to read as follows:
100	100	Sec. 801.251. LICENSE REQUIRED FOR PRACTICE OF VETERINARY
101	101	MEDICINE. Except as provided by Section 801.004, a person may not
102	102	practice, or offer or attempt to practice, veterinary medicine
103	103	unless the person holds a license to practice veterinary medicine
104	104	issued under this chapter.
105	105	Sec. 801.252. ELIGIBILITY REQUIREMENTS FOR LICENSE TO
106	106	PRACTICE VETERINARY MEDICINE. The board shall issue a license to
107	107	practice veterinary medicine to a person who is qualified to be
108	108	licensed to practice veterinary medicine under this chapter. A
109	109	person is qualified to be licensed to practice veterinary medicine
110	110	if:
111	111	(1) the person has attained the age of majority;
112	112	(2) the person is a graduate of a board-approved
113	113	school or college of veterinary medicine;
114	114	(3) the person successfully completes the licensing
115	115	examination for veterinarians conducted by the board; and
116	116	(4) the board does not refuse to issue a license to the
117	117	person under Section 801.401.
118	118	SECTION 8. The heading to Section 801.253, Occupations
119	119	Code, is amended to read as follows:
120	120	Sec. 801.253. LICENSING EXAMINATIONS FOR VETERINARIANS.
121	121	SECTION 9. Subsection (a), Section 801.253, Occupations
122	122	Code, is amended to read as follows:
123	123	(a) The board shall hold a regular meeting at least twice
124	124	each year to conduct licensing examinations for veterinarians as
125	125	provided by board rule. The board shall conduct the examination at
126	126	a time and place the board determines is convenient for applicants.
127	127	SECTION 10. The heading to Section 801.256, Occupations
128	128	Code, is amended to read as follows:
129	129	Sec. 801.256. SPECIAL LICENSE TO PRACTICE VETERINARY
130	130	MEDICINE.
131	131	SECTION 11. Subsection (a), Section 801.256, Occupations
132	132	Code, is amended to read as follows:
133	133	(a) The board may issue a special license to practice
134	134	veterinary medicine to an applicant who is:
135	135	(1) a member of the faculty or staff of a
136	136	board-approved veterinary program at an institution of higher
137	137	education;
138	138	(2) a veterinarian employee of the Texas Animal Health
139	139	Commission;
140	140	(3) a veterinarian employee of the Texas Veterinary
141	141	Medical Diagnostic Laboratory; or
142	142	(4) a person licensed to practice veterinary medicine
143	143	in another jurisdiction, if the board determines that the person's
144	144	specialty practice is unrepresented or underrepresented in this
145	145	state.
146	146	SECTION 12. The heading to Section 801.257, Occupations
147	147	Code, is amended to read as follows:
148	148	Sec. 801.257. PROVISIONAL LICENSE TO PRACTICE VETERINARY
149	149	MEDICINE.
150	150	SECTION 13. Subsection (a), Section 801.257, Occupations
151	151	Code, is amended to read as follows:
152	152	(a) The board may grant a provisional license to practice
153	153	veterinary medicine to an applicant who presents proof that the
154	154	applicant:
155	155	(1) is licensed in good standing as a veterinarian in
156	156	another state that:
157	157	(A) has licensing requirements substantially
158	158	equivalent to the requirements of this chapter; and
159	159	(B) maintains professional standards the board
160	160	considers equivalent to the professional standards of this chapter;
161	161	and
162	162	(2) has passed a national or other examination
163	163	recognized by the board relating to veterinary medicine.
164	164	SECTION 14. Section 801.258, Occupations Code, is amended
165	165	to read as follows:
166	166	Sec. 801.258. TEMPORARY LICENSE TO PRACTICE VETERINARY
167	167	MEDICINE. The board by rule may provide for the issuance of a
168	168	temporary license to practice veterinary medicine.
169	169	SECTION 15. Subchapter F, Chapter 801, Occupations Code, is
170	170	amended by adding Sections 801.259, 801.260, 801.261, 801.262,
171	171	801.263, and 801.264 to read as follows:
172	172	Sec. 801.259. LICENSED EQUINE DENTAL PROVIDER
173	173	DESIGNATIONS. (a) Subject to Subsection (b), a person may not
174	174	represent to the public that the person is authorized to perform
175	175	equine dentistry or use the titles "dentist," "certified equine
176	176	dental provider," "equine dental provider," "CEDP," or "EDP" unless
177	177	the person is licensed to practice equine dentistry under this
178	178	chapter.
179	179	(b) Only a licensed equine dental provider who is certified
180	180	in accordance with Section 801.261(a)(3) may use the title
181	181	"certified equine dental provider" or the designation "CEDP." Only
182	182	a licensed equine dental provider who is licensed before September
183	183	1, 2013, and who is not certified in accordance with Section
184	184	801.261(a)(3) may use the title "equine dental provider" or the
185	185	designation "EDP."
186	186	Sec. 801.260. LICENSE REQUIRED FOR EQUINE DENTISTRY. A
187	187	person may not perform equine dentistry or offer or attempt to act
188	188	as an equine dental provider unless the person is:
189	189	(1) a veterinarian who is active and in good standing;
190	190	or
191	191	(2) a licensed equine dental provider who is active
192	192	and in good standing performing under the supervision of a
193	193	veterinarian who is active and in good standing.
194	194	Sec. 801.261. LICENSED EQUINE DENTAL PROVIDER:
195	195	APPLICATION, QUALIFICATIONS, AND ISSUANCE. (a) The board shall
196	196	issue an equine dental provider license to a person who is qualified
197	197	under this section. A person is qualified to be licensed as an
198	198	equine dental provider if the person:
199	199	(1) passes a jurisprudence examination conducted by
200	200	the board in accordance with Section 801.264;
201	201	(2) is not disqualified under this chapter or board
202	202	rule; and
203	203	(3) is certified by the International Association of
204	204	Equine Dentistry or another board-approved certification entity or
205	205	organization.
206	206	(b) An applicant for an equine dental provider license must
207	207	submit to the board:
208	208	(1) an application on the form prescribed by the
209	209	board;
210	210	(2) information to enable the board to conduct a
211	211	criminal background check as required by the board; and
212	212	(3) any other information required by the board.
213	213	Sec. 801.262. SCOPE OF PRACTICE OF LICENSED EQUINE DENTAL
214	214	PROVIDER. (a) A licensed equine dental provider may not perform
215	215	equine dentistry unless the provider is active and in good standing
216	216	and performs equine dentistry under the general supervision of a
217	217	veterinarian who is active and in good standing.
218	218	(b) A licensed equine dental provider may perform only the
219	219	following equine dental procedures:
220	220	(1) removing sharp enamel points;
221	221	(2) removing small dental overgrowths;
222	222	(3) rostral profiling of the first cheek teeth;
223	223	(4) reducing incisors;
224	224	(5) extracting loose, deciduous teeth;
225	225	(6) removing supragingival calculus;
226	226	(7) extracting loose, mobile, or diseased teeth or
227	227	dental fragments with minimal periodontal attachments by hand and
228	228	without the use of an elevator; and
229	229	(8) removing erupted, non-displaced wolf teeth.
230	230	(c) Subsection (b) may not be construed to prohibit an
231	231	employee of a veterinarian who is not a licensed equine dental
232	232	provider from performing the equine dental procedures described in
233	233	Subsection (b) if the employee is under the direct supervision of a
234	234	veterinarian.
235	235	(d) A copy of the dental chart of an equine animal is to be
236	236	left with the person who authorizes an equine dental procedure and
237	237	is to be made available to the supervising veterinarian upon
238	238	request.
239	239	Sec. 801.263. LICENSED EQUINE DENTAL PROVIDER
240	240	RESPONSIBILITY. A licensed equine dental provider shall be held to
241	241	the same standard of care as a veterinarian when the provider
242	242	performs the equine dental procedures described in Section
243	243	801.262(b).
244	244	Sec. 801.264. JURISPRUDENCE EXAMINATION. The board shall
245	245	develop and administer a jurisprudence examination for licensed
246	246	equine dental providers to determine an applicant's knowledge of
247	247	this chapter, board rules, and any other applicable laws of this
248	248	state affecting the applicant's equine dentistry practice.
249	249	SECTION 16. Subsections (b) and (c), Section 801.303,
250	250	Occupations Code, are amended to read as follows:
251	251	(b) A person whose license has been expired for 90 days or
252	252	less may renew the license by paying to the board a renewal fee that
253	253	is equal to the sum of 1-1/2 times the renewal fee set by the board
254	254	under Section 801.154(a) and the additional fee required by Section
255	255	801.154(b), if applicable.
256	256	(c) A person whose license has been expired for more than 90
257	257	days but less than one year may renew the license by paying to the
258	258	board a renewal fee that is equal to the sum of two times the renewal
259	259	fee set by the board under Section 801.154(a) and the additional fee
260	260	required by Section 801.154(b), if applicable.
261	261	SECTION 17. Section 801.304, Occupations Code, is amended
262	262	to read as follows:
263	263	Sec. 801.304. FEE EXEMPTION. A veterinarian [license
264	264	holder] is exempt from the fee requirements imposed under Section
265	265	801.303 if the veterinarian [license holder]:
266	266	(1) is on active duty with the Armed Forces of the
267	267	United States and does not engage in private or civilian practice;
268	268	or
269	269	(2) is permanently and totally retired.
270	270	SECTION 18. Subsection (a), Section 801.305, Occupations
271	271	Code, is amended to read as follows:
272	272	(a) A person who was licensed to practice veterinary
273	273	medicine in this state, moved to another state, and is currently
274	274	licensed in good standing and has been in practice in the other
275	275	state for the two years preceding the date of application may obtain
276	276	a new license to practice veterinary medicine without
277	277	reexamination.
278	278	SECTION 19. Section 801.306, Occupations Code, is amended
279	279	to read as follows:
280	280	Sec. 801.306. INACTIVE STATUS. The board by rule may
281	281	provide for the placement of a license holder [veterinarian] on
282	282	inactive status. The rules adopted under this section must include
283	283	a limit on the time a license holder [veterinarian] may remain on
284	284	inactive status.
285	285	SECTION 20. Subsections (a) and (b), Section 801.307,
286	286	Occupations Code, are amended to read as follows:
287	287	(a) The board by rule shall establish a minimum number of
288	288	hours of continuing education required to renew a license to
289	289	practice veterinary medicine. The board shall require eight hours
290	290	of continuing education annually to renew an equine dental provider
291	291	license.
292	292	(b) The board may:
293	293	(1) establish general categories of continuing
294	294	education that meet the needs of license holders [veterinarians];
295	295	and
296	296	(2) require a license holder [veterinarian] to
297	297	successfully complete continuing education courses.
298	298	SECTION 21. Subsections (b) and (c), Section 801.352,
299	299	Occupations Code, are amended to read as follows:
300	300	(b) A veterinarian may not:
301	301	(1) allow a person who does not hold a license to
302	302	practice veterinary medicine issued under this chapter to interfere
303	303	with or intervene in the veterinarian's practice of veterinary
304	304	medicine; or
305	305	(2) submit to interference or intervention by a person
306	306	who does not hold a license to practice veterinary medicine issued
307	307	under this chapter.
308	308	(c) A veterinarian shall avoid a relationship that may
309	309	result in interference with or intervention in the veterinarian's
310	310	practice of veterinary medicine by a person who does not hold a
311	311	license to practice veterinary medicine issued under this chapter.
312	312	SECTION 22. Section 801.3541, Occupations Code, is amended
313	313	to read as follows:
314	314	Sec. 801.3541. LOCATION OF VETERINARY PRACTICE. The
315	315	premises on which a veterinary practice is located may be owned by a
316	316	person or other legal entity that does not hold a license to
317	317	practice veterinary medicine issued under this chapter.
318	318	SECTION 23. Sections 801.402, 801.403, and 801.404,
319	319	Occupations Code, are amended to read as follows:
320	320	Sec. 801.402. GENERAL GROUNDS FOR LICENSE DENIAL OR
321	321	DISCIPLINARY ACTION. A person is subject to denial of a license or
322	322	to disciplinary action under Section 801.401 if the person:
323	323	(1) presents to the board dishonest or fraudulent
324	324	evidence of the person's qualifications;
325	325	(2) commits fraud or deception in the examination
326	326	process or to obtain a license;
327	327	(3) is chronically or habitually intoxicated,
328	328	chemically dependent, or addicted to drugs;
329	329	(4) engages in dishonest or illegal practices in, or
330	330	connected with, the practice of veterinary medicine or the practice
331	331	of equine dentistry;
332	332	(5) is convicted of a felony under the laws of this
333	333	state, another state, or the United States;
334	334	(6) engages in practices or conduct that violates the
335	335	board's rules of professional conduct;
336	336	(7) permits another to use the person's license to
337	337	practice veterinary medicine or to practice equine dentistry in
338	338	this state;
339	339	(8) fraudulently issues a health certificate,
340	340	vaccination certificate, test chart, or other form used in the
341	341	practice of veterinary medicine or the practice of equine dentistry
342	342	that relates to the presence or absence of animal disease;
343	343	(9) issues a false certificate relating to the sale
344	344	for human consumption of inedible animal products;
345	345	(10) commits fraud in connection with the application
346	346	or reporting of a test of animal disease;
347	347	(11) pays or receives a kickback, rebate, bonus, or
348	348	other remuneration for treating an animal or for referring a client
349	349	to another provider of veterinary or equine dental services or
350	350	goods;
351	351	(12) performs or prescribes unnecessary or
352	352	unauthorized treatment;
353	353	(13) orders a prescription drug or controlled
354	354	substance for the treatment of an animal without first establishing
355	355	a veterinarian-client-patient relationship;
356	356	(14) refuses to admit a board representative to
357	357	inspect the person's client and patient records and business
358	358	premises during regular business hours;
359	359	(15) fails to keep the person's equipment and business
360	360	premises in a sanitary condition;
361	361	(16) commits gross malpractice or a pattern of acts
362	362	that indicate consistent malpractice, negligence, or incompetence
363	363	in the practice of veterinary medicine or the practice of equine
364	364	dentistry; or
365	365	(17) is subject to disciplinary action in another
366	366	jurisdiction, including the suspension, probation, or revocation
367	367	of a license to practice veterinary medicine or to practice equine
368	368	dentistry issued by another jurisdiction.
369	369	Sec. 801.403. FAILURE TO REPORT DISEASE. The board may
370	370	suspend or revoke a license to practice veterinary medicine, place
371	371	a veterinarian [license holder] on probation, or reprimand a
372	372	veterinarian [license holder] if the veterinarian [license holder]
373	373	knowingly fails to report a disease to the Texas Animal Health
374	374	Commission as required by Section 161.101, Agriculture Code.
375	375	Sec. 801.404. FAILURE TO MAINTAIN RECORDS. The board may
376	376	suspend or revoke a license to practice veterinary medicine issued
377	377	under this chapter or place on probation a veterinarian [license
378	378	holder] if the veterinarian [license holder] fails to maintain
379	379	records as required by Section 801.359.
380	380	SECTION 24. Subsection (a), Section 801.502, Occupations
381	381	Code, is amended to read as follows:
382	382	(a) The board, through the attorney general or a district or
383	383	county attorney, may bring an action for an injunction, or a
384	384	proceeding incident to an injunction, to:
385	385	(1) enforce this chapter; or
386	386	(2) enjoin a person, including a corporation,
387	387	organization, business trust, estate, trust, partnership,
388	388	association, or other legal entity, from practicing veterinary
389	389	medicine or equine dentistry in violation of this chapter.
390	390	SECTION 25. Subsections (a) and (b), Section 801.506,
391	391	Occupations Code, are amended to read as follows:
392	392	(a) A sole proprietorship, partnership, or corporation may
393	393	not engage in veterinary medicine unless the owner, each partner,
394	394	or each shareholder, as appropriate, holds a license to practice
395	395	veterinary medicine issued under this chapter.
396	396	(b) A corporation, organization, business trust, estate,
397	397	trust, partnership, association, or other legal entity not owned
398	398	exclusively by one or more persons licensed to practice veterinary
399	399	medicine under this chapter may not engage in veterinary medicine.
400	400	SECTION 26. Subsection (a), Section 801.508, Occupations
401	401	Code, is amended to read as follows:
402	402	(a) If it appears to the board that a person is engaging in
403	403	an act or practice that constitutes the practice of veterinary
404	404	medicine without a license or the practice of equine dentistry
405	405	without a license under this chapter, the board, after notice and
406	406	opportunity for a hearing, may issue a cease and desist order
407	407	prohibiting the person from engaging in the activity.
408	408	SECTION 27. Chapter 801, Occupations Code, is amended by
409	409	adding Subchapter L to read as follows:
410	410	SUBCHAPTER L. EQUINE DENTAL PROVIDER ADVISORY COMMITTEE
411	411	Sec. 801.551. EQUINE DENTAL PROVIDER ADVISORY COMMITTEE.
412	412	(a) The equine dental provider advisory committee is an informal
413	413	advisory committee to the board and is not subject to Chapter 2110,
414	414	Government Code.
415	415	(b) The advisory committee does not have any independent
416	416	rulemaking authority but shall advise and assist the board in
417	417	adopting rules relating to licensed equine dental providers.
418	418	(c) The board shall consult the advisory committee
419	419	regarding matters relating to a disciplinary action that involves a
420	420	licensed equine dental provider.
421	421	Sec. 801.552. APPOINTMENT OF ADVISORY COMMITTEE. (a) The
422	422	equine dental provider advisory committee is composed of three
423	423	members appointed by the presiding officer of the board as follows:
424	424	(1) two members who are licensed equine dental
425	425	providers, have resided in and engaged in the practice of smoothing
426	426	or filing teeth by floating in this state for the five years
427	427	immediately preceding the date of appointment, and are of good
428	428	repute; and
429	429	(2) one veterinarian member who is active and in good
430	430	standing and who supervises a licensed equine dental provider.
431	431	(b) Notwithstanding Subsection (a)(1), the advisory
432	432	committee members appointed under Subsection (a)(1) are not
433	433	required to hold a license to practice equine dentistry issued
434	434	under this chapter until September 1, 2012. This subsection
435	435	expires September 1, 2013.
436	436	(c) Appointments to the advisory committee shall be made
437	437	without regard to the race, color, disability, sex, religion, age,
438	438	or national origin of the appointees.
439	439	Sec. 801.553. TERMS; VACANCY. (a) Members of the equine
440	440	dental provider advisory committee are appointed for staggered
441	441	six-year terms. The terms of the members expire on February 1 of
442	442	each odd-numbered year.
443	443	(b) If a vacancy occurs during a member's term, the
444	444	presiding officer of the board shall appoint a new member to fill
445	445	the unexpired term.
446	446	(c) An advisory committee member may not serve more than two
447	447	consecutive full terms.
448	448	Sec. 801.554. GROUNDS FOR REMOVAL. (a) It is a ground for
449	449	removal from the equine dental provider advisory committee that a
450	450	member:
451	451	(1) does not have at the time of appointment the
452	452	qualifications required by Section 801.552;
453	453	(2) does not maintain during service on the advisory
454	454	committee the qualifications required by Section 801.552; and
455	455	(3) cannot, because of illness or disability,
456	456	discharge the member's duties for a substantial part of the member's
457	457	term.
458	458	(b) The validity of an action of the advisory committee is
459	459	not affected by the fact that it is taken when a ground for removal
460	460	of an advisory committee member exists.
461	461	Sec. 801.555. OFFICERS. The presiding officer of the board
462	462	shall designate biennially an equine dental provider advisory
463	463	committee member as the presiding officer of the advisory committee
464	464	to serve in that capacity at the will of the presiding officer of
465	465	the board.
466	466	Sec. 801.556. REIMBURSEMENT; COMPENSATION. An equine
467	467	dental provider advisory committee member is not entitled to
468	468	reimbursement for travel expenses or compensation.
469	469	Sec. 801.557. MEETINGS. (a) The equine dental provider
470	470	advisory committee shall meet at the call of the presiding officer
471	471	of the board.
472	472	(b) A meeting may be held by telephone conference call.
473	473	SECTION 28. Subchapter F, Chapter 411, Government Code, is
474	474	amended by adding Section 411.0995 to read as follows:
475	475	Sec. 411.0995. ACCESS TO CRIMINAL HISTORY RECORD
476	476	INFORMATION: STATE BOARD OF VETERINARY MEDICAL EXAMINERS. The
477	477	State Board of Veterinary Medical Examiners is entitled to obtain
478	478	from the department criminal history record information maintained
479	479	by the department that relates to a person who is:
480	480	(1) an applicant for a license to practice equine
481	481	dentistry under Chapter 801, Occupations Code; or
482	482	(2) the holder of a license under that chapter.
483	483	SECTION 29. (a) Not later than October 1, 2011, the
484	484	presiding officer of the State Board of Veterinary Medical
485	485	Examiners shall appoint the initial members of the equine dental
486	486	provider advisory committee established under Subchapter L,
487	487	Chapter 801, Occupations Code, as added by this Act, with the term
488	488	of one member expiring February 1, 2013, the term of one member
489	489	expiring February 1, 2015, and the term of one member expiring
490	490	February 1, 2017.
491	491	(b) Not later than June 1, 2012, the State Board of
492	492	Veterinary Medical Examiners, in consultation with the equine
493	493	dental provider advisory committee established under Subchapter L,
494	494	Chapter 801, Occupations Code, as added by this Act, shall adopt the
495	495	rules, procedures, and jurisprudence examination required to
496	496	implement the licensure of equine dental providers under Chapter
497	497	801, Occupations Code, as amended by this Act.
498	498	(c) Notwithstanding Section 801.260, Occupations Code, as
499	499	added by this Act, a person employed as an equine dental provider is
500	500	not required to hold a license under Chapter 801, Occupations Code,
501	501	and is not subject to the imposition of a penalty for not holding a
502	502	license under that chapter before September 1, 2012.
503	503	SECTION 30. (a) Before September 1, 2013, the State Board
504	504	of Veterinary Medical Examiners shall issue a provisional equine
505	505	dental provider license required by Section 801.260, Occupations
506	506	Code, as added by this Act, to a person who is not certified by the
507	507	International Association of Equine Dentistry or another
508	508	board-approved entity or organization if the person:
509	509	(1) presents proof of graduation from or completion of
510	510	280 hours of course work at a dental school; and
511	511	(2) submits, with the application and other
512	512	information required under Subsection (b), Section 801.261,
513	513	Occupations Code, as added by this Act:
514	514	(A) three notarized affidavits in which equine
515	515	owners or industry professionals who are residents of this state
516	516	state that they know the person and that the person is known in the
517	517	community to be competent in the practice of smoothing or filing
518	518	teeth by floating; and
519	519	(B) three letters of recommendation from
520	520	veterinarians licensed to practice in this state.
521	521	(b) A license issued under this section may be renewed in
522	522	the same manner as a license issued to a person under Section
523	523	801.261, Occupations Code, as added by this Act.
524	524	(c) This section expires September 1, 2013.
525	525	SECTION 31. This Act takes effect September 1, 2011.