82R5428 NC-D
By: Zaffirini S.B. No. 895
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of equine dental care providers;
providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 801.002, Occupations Code, is amended by
adding Subdivisions (3-a), (3-b), (4-a), and (5-a) to read as
follows:
(3-a) "Equine dental care" means the practice of
equine dentistry that consists only of tooth floating.
(3-b) "Equine dental care provider" means a person who
is not a veterinarian and who holds a certificate issued under this
chapter to practice equine dental care.
(4-a) "Practice of equine dentistry" means the
diagnosis, treatment, or prevention of a wound, injury, disease, or
other condition that affects any portion of an animal's mouth, jaw,
teeth, gums, or related tissue. The term includes:
(A) preventive dental procedures, including
procedures to:
(i) remove calculus, soft deposits, plaque,
and stains;
(ii) reshape teeth above the gum line by
tooth floating; and
(iii) polish tooth surfaces above the gum
line;
(B) surgical dental procedures or any other
dental procedure that invades the hard or soft oral tissue,
including a procedure to:
(i) alter the structure of one or more
teeth;
(ii) repair a misalignment between the
upper and lower teeth;
(iii) repair or treat damaged or diseased
teeth, including through restoration and endodontic procedures;
(iv) extract one or more teeth; and
(v) treat gum disease;
(C) the prescription or administration of
anesthetics, sedatives, tranquilizers, analgesics, or
antimicrobials; and
(D) dental radiography.
(5-a) "Tooth floating" means the performance of an
equine dental procedure, without the administration of a sedative,
tranquilizer, or general anesthetic that is available only by
prescription, to:
(A) remove enamel points; or
(B) smooth, contour, or level incisors or dental
arcades.
SECTION 2. Section 801.151(c), Occupations Code, is amended
to read as follows:
(c) The board shall adopt rules to:
(1) protect the public; [and]
(2) ensure that alternate therapies, including
ultrasound diagnosis and therapy, magnetic field therapy, holistic
medicine, homeopathy, chiropractic treatment, acupuncture, and
laser therapy, are performed only by a veterinarian or under the
supervision of a veterinarian;
(3) ensure that the practice of equine dentistry,
other than tooth floating, is performed only by a veterinarian; and
(4) ensure that tooth floating is performed only by a
veterinarian or a certified equine dental care provider.
SECTION 3. The heading to Subchapter F, Chapter 801,
Occupations Code, is amended to read as follows:
SUBCHAPTER F. LICENSE AND CERTIFICATION REQUIREMENTS
SECTION 4. Subchapter F, Chapter 801, Occupations Code, is
amended by adding Sections 801.259, 801.260, and 801.261 to read as
follows:
Sec. 801.259. EQUINE DENTIST DESIGNATIONS. (a) A person
may not represent to the public that the person is an equine dentist
or use the title "Eq.D.," "M/Eq.D.," or "Certified Equine Dentist"
unless the person is licensed under this chapter to practice
veterinary medicine and has specialized training in equine
dentistry by a board-approved program.
(b) The board shall adopt rules as necessary to implement
this section.
Sec. 801.260. LICENSE OR CERTIFICATE REQUIRED FOR EQUINE
DENTAL CARE. A person may not engage in the practice of, or offer or
attempt to engage in the practice of, equine dental care unless the
person is:
(1) a veterinarian; or
(2) a certified equine dental care provider.
Sec. 801.261. CERTIFIED EQUINE DENTAL CARE PROVIDER:
APPLICATION, QUALIFICATIONS, AND ISSUANCE. (a) The board shall
issue an equine dental care provider certificate to a person
qualified for certification under this chapter. A person is
qualified if the person:
(1) satisfactorily completes at least 80 hours of
training in equine dentistry at the Texas Institute of Equine
Dentistry or a similar program approved by the board; or
(2) is certified as an equine dental technician by the
International Association of Equine Dentistry or a similar program
approved by the board.
(b) An applicant for an equine dental care provider
certificate must submit to the board:
(1) an application on the form prescribed by the
board; and
(2) any other information required by the board.
SECTION 5. The heading to Subchapter G, Chapter 801,
Occupations Code, is amended to read as follows:
SUBCHAPTER G. LICENSE AND CERTIFICATE EXPIRATION AND RENEWAL
SECTION 6. Sections 801.301, 801.302, and 801.303,
Occupations Code, are amended to read as follows:
Sec. 801.301. ANNUAL RENEWAL REQUIRED. (a) The board shall
provide for the annual renewal of a license or certificate.
(b) The board by rule may adopt a system under which
licenses or certificates expire on various dates during the year.
(c) For a year in which the license or certificate
expiration date is changed, license or certificate fees payable on
March 1 shall be prorated on a monthly basis so that each license or
certificate holder pays only that portion of the fee that is
allocable to the number of months during which the license or
certificate is valid. On renewal of the license or certificate on
the new expiration date, the total license or certificate renewal
fee is payable.
Sec. 801.302. NOTICE OF LICENSE OR CERTIFICATE EXPIRATION.
Not later than the 30th day before the expiration date of a person's
license or certificate, the board shall send written notice of the
impending license or certificate expiration to the person at the
person's last known address according to the board's records.
Sec. 801.303. PROCEDURE FOR RENEWAL. (a) A person who is
otherwise eligible to renew a license or certificate may renew an
unexpired license or certificate by paying the required renewal fee
to the board before the expiration date of the license or
certificate. A person whose license or certificate has expired may
not engage in activities that require a license or certificate
until the license or certificate has been renewed.
(b) A person whose license or certificate has been expired
for 90 days or less may renew the license or certificate by paying
to the board a renewal fee that is equal to the sum of 1-1/2 times
the renewal fee set by the board under Section 801.154(a) and the
additional fee required by Section 801.154(b), if applicable.
(c) A person whose license or certificate has been expired
for more than 90 days but less than one year may renew the license or
certificate by paying to the board a renewal fee that is equal to
the sum of two times the renewal fee set by the board under Section
801.154(a) and the additional fee required by Section 801.154(b),
if applicable.
(d) A person whose license or certificate has been expired
for one year or more may not renew the license or certificate. The
person may obtain a new license or certificate by complying with the
requirements and procedures, including the examination
requirements, for obtaining an original license or certificate.
SECTION 7. Section 801.307, Occupations Code, is amended by
adding Subsection (a-1) and amending Subsections (b) and (c) to
read as follows:
(a-1) The board shall require four hours of continuing
education annually to renew the certificate of an equine dental
care provider.
(b) The board may:
(1) establish general categories of continuing
education that meet the needs of veterinarians or certified equine
dental care providers; and
(2) require a veterinarian or certified equine dental
care provider to successfully complete continuing education
courses.
(c) The board may require a license or certificate holder
who does not complete the required number of hours of continuing
education in a year to make up the missed hours in later years.
Hours required to be made up in a later year are in addition to the
hours normally required to be completed in that year.
SECTION 8. The heading to Subchapter I, Chapter 801,
Occupations Code, is amended to read as follows:
SUBCHAPTER I. LICENSE OR CERTIFICATE DENIAL AND DISCIPLINARY
PROCEDURES
SECTION 9. Sections 801.401(a), (c), and (d), Occupations
Code, are amended to read as follows:
(a) If an applicant or a license or certificate holder is
subject to denial of a license or certificate or to disciplinary
action under Section 801.402, the board may:
(1) refuse to examine an applicant or to issue or renew
a license or certificate;
(2) revoke or suspend a license or certificate;
(3) place on probation a license or certificate holder
or person whose license or certificate has been suspended;
(4) reprimand a license or certificate holder; or
(5) impose an administrative penalty.
(c) The board may require a license or certificate holder
whose license or certificate suspension is probated to:
(1) report regularly to the board on matters that are
the basis of the probation;
(2) limit practice to the areas prescribed by the
board; or
(3) continue or review continuing professional
education until the license or certificate holder attains a degree
of skill satisfactory to the board in those areas that are the basis
of the probation.
(d) In addition to other disciplinary actions authorized by
this subchapter, the board may require a license or certificate
holder who violates this chapter to participate in a continuing
education program. The board shall specify the continuing
education programs that the license or certificate holder may
attend and the number of hours that the license or certificate
holder must complete. A continuing education program specified by
the board must be relevant to the violation committed by the license
or certificate holder.
SECTION 10. Section 801.402, Occupations Code, is amended
to read as follows:
Sec. 801.402. GENERAL GROUNDS FOR LICENSE OR CERTIFICATE
DENIAL OR DISCIPLINARY ACTION. A person is subject to denial of a
license or certificate or to disciplinary action under Section
801.401 if the person:
(1) presents to the board dishonest or fraudulent
evidence of the person's qualifications;
(2) commits fraud or deception in the examination
process or to obtain a license or certificate;
(3) is chronically or habitually intoxicated,
chemically dependent, or addicted to drugs;
(4) engages in dishonest or illegal practices in, or
connected with, the practice of veterinary medicine or the practice
of equine dental care;
(5) is convicted of a felony under the laws of this
state, another state, or the United States;
(6) engages in practices or conduct that violates the
board's rules of professional conduct;
(7) permits another to use the person's license to
practice veterinary medicine or certificate to practice equine
dental care in this state;
(8) fraudulently issues a health certificate,
vaccination certificate, test chart, or other form used in the
practice of veterinary medicine that relates to the presence or
absence of animal disease;
(9) issues a false certificate relating to the sale
for human consumption of inedible animal products;
(10) commits fraud in connection with the application
or reporting of a test of animal disease;
(11) pays or receives a kickback, rebate, bonus, or
other remuneration for treating an animal or for referring a client
to another provider of veterinary services or goods;
(12) performs or prescribes unnecessary or
unauthorized treatment;
(13) orders a prescription drug or controlled
substance for the treatment of an animal without first establishing
a veterinarian-client-patient relationship;
(14) refuses to admit a board representative to
inspect the person's client and patient records and business
premises during regular business hours;
(15) fails to keep the person's equipment and business
premises in a sanitary condition;
(16) commits gross malpractice or a pattern of acts
that indicate consistent malpractice, negligence, or incompetence
in the practice of veterinary medicine or the practice of equine
dental care; or
(17) is subject to disciplinary action in another
jurisdiction, including the suspension, probation, or revocation
of a license to practice veterinary medicine or a certificate to
practice equine dental care issued by another jurisdiction.
SECTION 11. Sections 801.405 and 801.406, Occupations Code,
are amended to read as follows:
Sec. 801.405. MENTAL INCOMPETENCE. (a) The board may
suspend or revoke a license or certificate if a court finds that the
license or certificate holder is mentally incompetent.
(b) If a court determines that a person whose license or
certificate is suspended or revoked under this section is mentally
competent, the board may reinstate the person's license or
certificate.
Sec. 801.406. REQUIRED DISCIPLINARY ACTION FOR CERTAIN
FELONY CONVICTIONS. (a) On conviction of a license or certificate
holder of a felony under Section 485.033, Health and Safety Code, or
Chapter 481 or 483 of that code, the board shall, after conducting
an administrative hearing in which the fact of conviction is
determined, impose a penalty as provided by Section 801.401. The
board shall set the amount of the penalty to match the seriousness
of the conviction.
(b) [(c)] The board may reinstate or reissue a license or
certificate suspended or revoked under this section only on an
express determination based on substantial evidence contained in an
investigative report indicating that reinstatement or reissuance
of the license or certificate is in the best interests of:
(1) the public; and
(2) the person whose license or certificate has been
suspended or revoked.
SECTION 12. Sections 801.407(a) and (d), Occupations Code,
are amended to read as follows:
(a) A person is entitled to a hearing before the State
Office of Administrative Hearings if the board:
(1) refuses to examine the person;
(2) denies the person's application for a license or
certificate;
(3) revokes or suspends the person's license or
certificate;
(4) places the person on probation;
(5) reprimands the person; or
(6) assesses an administrative penalty against the
person.
(d) The board may conduct deliberations relating to a
disciplinary action during executive session. At the conclusion of
those deliberations, the board shall vote and announce its decision
to the license or certificate holder in open session.
SECTION 13. Sections 801.408(b) and (e), Occupations Code,
are amended to read as follows:
(b) Rules adopted under Subsection (a) must:
(1) provide the complainant and the license or
certificate holder an opportunity to be heard; and
(2) require the presence of the board's general
counsel or a representative of the attorney general during an
informal proceeding to advise the board or the board's employees.
(e) At an informal proceeding under this section, and on
agreement with the license or certificate holder, the board may
order the license or certificate holder to refund an amount not to
exceed the amount a client paid to the license or certificate holder
instead of or in addition to imposing an administrative penalty
under this chapter. The board may not require payment of other
damages or estimate harm under this subsection.
SECTION 14. Section 801.409, Occupations Code, is amended
to read as follows:
Sec. 801.409. TEMPORARY LICENSE OR CERTIFICATE SUSPENSION.
(a) An executive committee of the board consisting of the president
and two other board members appointed by the president may
temporarily suspend the license or certificate of a license or
certificate holder if the executive committee determines from the
evidence or information presented to the committee that continued
practice by the license or certificate holder constitutes a
continuing or imminent threat to the public welfare. A temporary
suspension may also be ordered on a majority vote of the board.
(b) The board by rule shall adopt procedures for the
temporary suspension of a license or certificate under this
section.
(c) A license or certificate temporarily suspended under
this section may be suspended without notice or hearing if, at the
time the suspension is ordered, a hearing on whether disciplinary
proceedings under this chapter should be initiated against the
license or certificate holder is scheduled to be held not later than
the 14th day after the date of the suspension.
(d) A second hearing on the suspended license or certificate
shall be held not later than the 60th day after the date the
suspension is ordered. If the second hearing is not held in the
time required by this subsection, the suspended license or
certificate is automatically reinstated.
SECTION 15. Section 801.501, Occupations Code, is amended
to read as follows:
Sec. 801.501. MONITORING LICENSE OR CERTIFICATE HOLDER.
The board by rule shall develop a system for monitoring a license or
certificate holder's compliance with the requirements of this
chapter. The rules must include procedures to:
(1) monitor for compliance a license or certificate
holder who is ordered by the board to perform certain acts; and
(2) identify and monitor a license or certificate
holder who represents a risk to the public.
SECTION 16. Section 801.502(a), Occupations Code, is
amended to read as follows:
(a) The board, through the attorney general or a district or
county attorney, may bring an action for an injunction, or a
proceeding incident to an injunction, to:
(1) enforce this chapter; or
(2) enjoin a person, including a corporation,
organization, business trust, estate, trust, partnership,
association, or other legal entity, from practicing veterinary
medicine or equine dental care in violation of this chapter.
SECTION 17. The heading to Section 801.503, Occupations
Code, is amended to read as follows:
Sec. 801.503. ASSESSMENT OF CIVIL PENALTY AGAINST PERSON
NOT LICENSED OR CERTIFIED.
SECTION 18. Section 801.503(a), Occupations Code, is
amended to read as follows:
(a) A person not licensed or certified under this chapter,
including a corporation, organization, business trust, estate,
trust, partnership, association, or other legal entity, who
violates this chapter or a rule adopted by the board under this
chapter is subject to a civil penalty of $1,000 for each day of
violation.
SECTION 19. Section 801.505, Occupations Code, is amended
to read as follows:
Sec. 801.505. BOARD MEMBER OR EMPLOYEE; FINE. A board
member or employee shall pay a fine of not less than $1,000 or more
than $5,000 if the member or employee:
(1) issues a license or certificate other than as
provided by this chapter; or
(2) provides to an applicant for examination a list of
questions to be propounded at the examination.
SECTION 20. Section 801.508(a), Occupations Code, is
amended to read as follows:
(a) If it appears to the board that a person is engaging in
an act or practice that constitutes the practice of veterinary
medicine without a license or the practice of equine dental care
without a license or certificate under this chapter, the board,
after notice and opportunity for a hearing, may issue a cease and
desist order prohibiting the person from engaging in the activity.
SECTION 21. (a) Not later than June 1, 2012, the State
Board of Veterinary Medical Examiners shall adopt the rules
required to implement the certification of equine dental care
providers under Chapter 801, Occupations Code, as amended by this
Act.
(b) Notwithstanding Section 801.260, Occupations Code, as
added by this Act, a person employed as an equine dental care
provider is not required to hold a certificate under Chapter 801,
Occupations Code, and is not subject to the imposition of a penalty
for not holding a certificate under that chapter before September
1, 2012.
SECTION 22. (a) Before September 1, 2013, the State Board
of Veterinary Medical Examiners shall issue a certificate required
by Section 801.260, Occupations Code, as added by this Act, to a
person who has not completed a board-approved training program for
certified equine dental care providers if the person:
(1) has performed acts that constitute the practice of
equine dental care before September 1, 2012; and
(2) submits, with the application and other
information required under Section 801.261(b), Occupations Code,
as added by this Act, three notarized affidavits described by
Subsection (b) of this section.
(b) Each affidavit must state that the affiant knows the
applicant and that the applicant is known in the community to
provide equine dental care commonly known as "tooth floating." The
affiants must be residents of this state. At least one of the
affiants must be a veterinarian licensed in this state. Two
affiants must be horse owners.
(c) A certificate issued under this section may be renewed
in the same manner as a certificate issued to a person who has
completed a board-approved training program for certified equine
dental care providers.
(d) The State Board of Veterinary Medical Examiners shall
revoke a certificate issued to a person under this section if the
person does not satisfactorily complete four hours of continuing
education for certified equine dental care providers before the
second anniversary of the date the certificate was issued.
(e) This section expires January 1, 2016.
SECTION 23. This Act takes effect September 1, 2011.