Texas 2011 - 82nd Regular

Texas Senate Bill SB811 Compare Versions

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1	1	By: Zaffirini S.B. No. 811
2	2	(Hardcastle)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of the practice of veterinary medicine.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 801.004, Occupations Code, is amended to
10	10	read as follows:
11	11	Sec. 801.004. APPLICATION OF CHAPTER. This chapter does
12	12	not apply to:
13	13	(1) the treatment or care of an animal in any manner by
14	14	the owner of the animal, an employee of the owner, or a designated
15	15	caretaker of the animal, unless the ownership, employment, or
16	16	designation is established with the intent to violate this chapter;
17	17	(2) a person who performs an act prescribed by the
18	18	board as an accepted livestock management practice, including:
19	19	(A) castrating a male animal raised for human
20	20	consumption;
21	21	(B) docking or earmarking an animal raised for
22	22	human consumption;
23	23	(C) dehorning cattle;
24	24	(D) aiding in the nonsurgical birth process of a
25	25	large animal, as defined by board rule;
26	26	(E) treating an animal for disease prevention
27	27	with a nonprescription medicine or vaccine;
28	28	(F) branding or identifying an animal in any
29	29	manner;
30	30	(G) artificially inseminating an animal,
31	31	including training, inseminating, and compensating for services
32	32	related to artificial insemination; and
33	33	(H) shoeing a horse;
34	34	(3) the performance of a cosmetic or production
35	35	technique to reduce injury in poultry intended for human
36	36	consumption;
37	37	(4) the performance of a duty by a veterinarian's
38	38	employee if:
39	39	(A) the duty involves food production animals;
40	40	(B) the duty does not involve diagnosis,
41	41	prescription, or surgery;
42	42	(C) the employee is under the direction and
43	43	general supervision of the veterinarian; and
44	44	(D) the veterinarian is responsible for the
45	45	employee's performance;
46	46	(5) the performance of an act by a person who is a
47	47	full-time student of an accredited college of veterinary medicine
48	48	[or is a foreign graduate of a board-approved equivalent competency
49	49	program for foreign veterinary graduates and who is participating
50	50	in a board-approved extern or preceptor program] if the act is
51	51	performed under the direct supervision of a veterinarian [employing
52	52	the person];
53	53	(6) an animal shelter employee who performs euthanasia
54	54	in the course and scope of the person's employment if the person has
55	55	successfully completed training in accordance with Chapter 829,
56	56	Health and Safety Code;
57	57	(7) a person who is engaged in a recognized
58	58	state-federal cooperative disease eradication or control program
59	59	or an external parasite control program while the person is
60	60	performing official duties required by the program;
61	61	(8) a person who, without expectation of compensation,
62	62	provides emergency care in an emergency or disaster; or
63	63	(9) a consultation given to a veterinarian in this
64	64	state by a person who:
65	65	(A) resides in another state; and
66	66	(B) is lawfully qualified to practice veterinary
67	67	medicine under the laws of that state.
68	68	SECTION 2. Section 801.157, Occupations Code, is amended to
69	69	read as follows:
70	70	Sec. 801.157. PEER ASSISTANCE PROGRAM. (a) The board
71	71	shall establish or approve a peer assistance program for
72	72	veterinarians. The peer assistance program must comply with
73	73	Chapter 467, Health and Safety Code.
74	74	(b) The board may order a veterinarian who is subject to
75	75	disciplinary action under this chapter based on a finding that the
76	76	veterinarian is impaired by chemical dependency or mental illness
77	77	to submit to care, counseling, or treatment through the peer
78	78	assistance program.
79	79	SECTION 3. Subsection (a), Section 801.253, Occupations
80	80	Code, is amended to read as follows:
81	81	(a) The board shall [hold a regular meeting at least twice
82	82	each year to] conduct licensing examinations at least twice each
83	83	year as provided by board rule. The [board shall conduct the]
84	84	examination shall be conducted at a time and place the board
85	85	determines is convenient for applicants.
86	86	SECTION 4. Subsection (a), Section 801.254, Occupations
87	87	Code, is amended to read as follows:
88	88	(a) The board shall conduct, or may contract with a
89	89	board-approved entity to conduct, the licensing examination on
90	90	subjects relating to veterinary medicine, including anatomy,
91	91	pathology, chemistry, obstetrics, public health, veterinary
92	92	practice, veterinary jurisprudence, physiology and bacteriology,
93	93	and other subjects regularly taught in reputable schools of
94	94	veterinary medicine. In this chapter, a reference to an
95	95	examination conducted by the board includes an examination
96	96	conducted by a board-approved entity as permitted by this
97	97	subsection.
98	98	SECTION 5. Section 801.258, Occupations Code, is amended to
99	99	read as follows:
100	100	Sec. 801.258. TEMPORARY LICENSE. The board by rule may
101	101	provide for the issuance of a temporary license to an applicant who:
102	102	(1) is licensed in good standing as a veterinarian in
103	103	another state or foreign country;
104	104	(2) meets the eligibility requirements under Sections
105	105	801.252(1) and (2); and
106	106	(3) is not subject to denial of a license or to
107	107	disciplinary action for a ground listed in Section 801.402.
108	108	SECTION 6. Section 801.353, Occupations Code, is amended by
109	109	adding Subsection (d-1) to read as follows:
110	110	(d-1) The privilege provided by this section is waived by
111	111	the client or the owner of the animal treated by the veterinarian in
112	112	a proceeding to substantiate and collect on a claim for the
113	113	provision of veterinary services.
114	114	SECTION 7. This Act takes effect September 1, 2011.