By: Zaffirini S.B. No. 811
(In the Senate - Filed February 21, 2011; March 1, 2011,
read first time and referred to Committee on Criminal Justice;
April 18, 2011, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; April 18, 2011,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 811 By: Whitmire
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of the practice of veterinary medicine.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 801.004, Occupations Code, is amended to
read as follows:
Sec. 801.004. APPLICATION OF CHAPTER. This chapter does
not apply to:
(1) the treatment or care of an animal in any manner by
the owner of the animal, an employee of the owner, or a designated
caretaker of the animal, unless the ownership, employment, or
designation is established with the intent to violate this chapter;
(2) a person who performs an act prescribed by the
board as an accepted livestock management practice, including:
(A) castrating a male animal raised for human
consumption;
(B) docking or earmarking an animal raised for
human consumption;
(C) dehorning cattle;
(D) aiding in the nonsurgical birth process of a
large animal, as defined by board rule;
(E) treating an animal for disease prevention
with a nonprescription medicine or vaccine;
(F) branding or identifying an animal in any
manner;
(G) artificially inseminating an animal,
including training, inseminating, and compensating for services
related to artificial insemination; and
(H) shoeing a horse;
(3) the performance of a cosmetic or production
technique to reduce injury in poultry intended for human
consumption;
(4) the performance of a duty by a veterinarian's
employee if:
(A) the duty involves food production animals;
(B) the duty does not involve diagnosis,
prescription, or surgery;
(C) the employee is under the direction and
general supervision of the veterinarian; and
(D) the veterinarian is responsible for the
employee's performance;
(5) the performance of an act by a person who is a
full-time student of an accredited college of veterinary medicine
[or is a foreign graduate of a board-approved equivalent competency
program for foreign veterinary graduates and who is participating
in a board-approved extern or preceptor program] if the act is
performed under the direct supervision of a veterinarian [employing
the person];
(6) an animal shelter employee who performs euthanasia
in the course and scope of the person's employment if the person has
successfully completed training in accordance with Chapter 829,
Health and Safety Code;
(7) a person who is engaged in a recognized
state-federal cooperative disease eradication or control program
or an external parasite control program while the person is
performing official duties required by the program;
(8) a person who, without expectation of compensation,
provides emergency care in an emergency or disaster; or
(9) a consultation given to a veterinarian in this
state by a person who:
(A) resides in another state; and
(B) is lawfully qualified to practice veterinary
medicine under the laws of that state.
SECTION 2. Section 801.157, Occupations Code, is amended to
read as follows:
Sec. 801.157. PEER ASSISTANCE PROGRAM. (a) The board
shall establish or approve a peer assistance program for
veterinarians. The peer assistance program must comply with
Chapter 467, Health and Safety Code.
(b) The board may order a veterinarian who is subject to
disciplinary action under this chapter based on a finding that the
veterinarian is impaired by chemical dependency or mental illness
to submit to care, counseling, or treatment through the peer
assistance program.
SECTION 3. Subsection (a), Section 801.253, Occupations
Code, is amended to read as follows:
(a) The board shall [hold a regular meeting at least twice
each year to] conduct licensing examinations at least twice each
year as provided by board rule. The [board shall conduct the]
examination shall be conducted at a time and place the board
determines is convenient for applicants.
SECTION 4. Subsection (a), Section 801.254, Occupations
Code, is amended to read as follows:
(a) The board shall conduct, or may contract with a
board-approved entity to conduct, the licensing examination on
subjects relating to veterinary medicine, including anatomy,
pathology, chemistry, obstetrics, public health, veterinary
practice, veterinary jurisprudence, physiology and bacteriology,
and other subjects regularly taught in reputable schools of
veterinary medicine. In this chapter, a reference to an
examination conducted by the board includes an examination
conducted by a board-approved entity as permitted by this
subsection.
SECTION 5. Section 801.258, Occupations Code, is amended to
read as follows:
Sec. 801.258. TEMPORARY LICENSE. The board by rule may
provide for the issuance of a temporary license to an applicant who:
(1) is licensed in good standing as a veterinarian in
another state or foreign country;
(2) meets the eligibility requirements under Sections
801.252(1) and (2); and
(3) is not subject to denial of a license or to
disciplinary action for a ground listed in Section 801.402.
SECTION 6. Section 801.353, Occupations Code, is amended by
adding Subsection (d-1) to read as follows:
(d-1) The privilege provided by this section is waived by
the client or the owner of the animal treated by the veterinarian in
a proceeding to substantiate and collect on a claim for the
provision of veterinary services.
SECTION 7. This Act takes effect September 1, 2011.
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