83R7376 SLB-F
By: Aycock H.B. No. 1621
A BILL TO BE ENTITLED
AN ACT
relating to the regulation and practice of veterinary medicine;
authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 801.002, Occupations Code, is amended by
adding Subdivisions (1-a), (4-b), (4-c), and (6-a) and amending
Subdivision (4-a) to read as follows:
(1-a) "Certified veterinary assistant" means a person
who has been certified as a certified veterinary assistant by the
Texas Veterinary Medical Association and is employed by a licensed
veterinarian.
(4-a) "Immediate supervision" means supervision by a
person who is within audible and visual range of both the animal
patient and the person under supervision.
(4-b) "Licensed equine dental provider" means a person
who holds a license to practice equine dentistry issued under this
chapter.
(4-c) "Licensed veterinary technician" means a person
licensed as a veterinary technician by the board.
(6-a) "Veterinary assistant" means a person who:
(A) is employed by a licensed veterinarian;
(B) performs tasks related to animal care; and
(C) is not a certified veterinary assistant or a
licensed veterinary technician.
SECTION 2. Sections 801.151(c), (d), and (e), Occupations
Code, are amended to read as follows:
(c) The board shall adopt rules to:
(1) protect the public;
(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; [and]
(3) ensure that equine dentistry is performed only by
a veterinarian who is active and in good standing or by a licensed
equine dental provider who is active and in good standing under the
appropriate level of supervision of a veterinarian who is active
and in good standing and who has established a
veterinarian-client-patient relationship with the owner or other
caretaker of an animal in accordance with Section 801.351; and
(4) provide for the licensing and regulation of
licensed veterinary technicians.
(d) The board may adopt rules regarding the work of a person
who[:
[(1)] works under the supervision of a veterinarian[;
and
[(2) fulfills the requirements established by a
board-approved organization for registered veterinary
technicians].
(e) The board shall adopt rules to implement a jurisprudence
examination for licensed equine dental providers and licensed
veterinary technicians, including rules relating to the
development and administration of the examination, examination
fees, guidelines for reexamination, examination grading, and
provision of notice of examination results.
SECTION 3. Subchapter D, Chapter 801, Occupations Code, is
amended by adding Section 801.163 to read as follows:
Sec. 801.163. ADVISORY COMMITTEES. (a) The board may
appoint advisory committees to perform advisory functions as
assigned by the board.
(b) An advisory committee shall provide independent
expertise on board functions and policies, but may not be involved
in setting board policy.
(c) The board shall adopt rules regarding the purpose,
structure, and use of an advisory committee, including rules on:
(1) the purpose, role, responsibility, and goal of an
advisory committee;
(2) the size and quorum requirements for an advisory
committee;
(3) the composition and representation of an advisory
committee;
(4) the qualifications of advisory committee members,
including any experience requirements or requirements that members
represent specific geographic regions of the state;
(5) the appointment procedures for an advisory
committee;
(6) the terms of service for advisory committee
members;
(7) the training requirements for advisory committee
members, if necessary;
(8) the method the board will use to receive public
input on issues addressed by an advisory committee; and
(9) the development of board policies and procedures
to ensure that an advisory committee meets the requirements for
open meetings under Chapter 551, Government Code, including notice
requirements.
(d) To the extent of any conflict with Chapter 2110,
Government Code, this section and board rules adopted under this
section control.
SECTION 4. Section 801.264, Occupations Code, is amended to
read as follows:
Sec. 801.264. JURISPRUDENCE EXAMINATION. (a) The board
shall develop and administer a jurisprudence examination for
licensed equine dental providers to determine an applicant's
knowledge of this chapter, board rules, and any other applicable
laws of this state affecting the applicant's [equine dentistry]
practice.
(b) The board shall develop and administer a jurisprudence
examination for licensed veterinary technicians to determine an
applicant's knowledge of this chapter, board rules, and any other
applicable laws of this state affecting the applicant's employment
as a licensed veterinary technician.
SECTION 5. Subchapter F, Chapter 801, Occupations Code, is
amended by adding Sections 801.265 and 801.266 to read as follows:
Sec. 801.265. LICENSED VETERINARY TECHNICIAN: APPLICATION,
QUALIFICATIONS, AND ISSUANCE. (a) The board shall issue a
veterinary technician license to a person who is qualified under
this section. A person is qualified to be licensed as a licensed
veterinary technician if the person:
(1) passes a jurisprudence examination conducted by
the board in accordance with Section 801.264;
(2) is at least 18 years old;
(3) has graduated from a program accredited by the
American Veterinary Medical Association;
(4) has passed the Veterinary Technician National
Examination; and
(5) is not disqualified under this chapter or board
rule.
(b) An applicant for a veterinary technician license must
submit to the board:
(1) an application on the form prescribed by the
board;
(2) information to enable the board to conduct a
criminal background check if required by the board; and
(3) any other information required by the board.
Sec. 801.266. LICENSED VETERINARY TECHNICIAN LICENSE
REQUIRED; DISPLAY OF LICENSE. (a) A person may not use the title
"Licensed Veterinary Technician" or "LVT" or advertise or offer
services in a manner to lead other people to believe that the person
is licensed as a licensed veterinary technician unless the person
holds a license under Section 801.265.
(b) If employed by a veterinary hospital, a licensed
veterinary technician shall display at that facility the person's
license issued by the board or a legible photocopy of the license.
SECTION 6. Section 801.307(a), Occupations Code, is amended
to read as follows:
(a) The board by rule shall establish a minimum number of
hours of continuing education required to renew a license to
practice veterinary medicine or work as a licensed veterinary
technician. The board shall require six hours of continuing
education annually to renew an equine dental provider license.
SECTION 7. Subchapter H, Chapter 801, Occupations Code, is
amended by adding Sections 801.363 and 801.364 to read as follows:
Sec. 801.363. DELEGATION AND SUPERVISION OF ANIMAL CARE
TASKS. (a) Decisions relating to the diagnosis, treatment,
management, and future disposition of an animal patient must be
made by a supervising veterinarian.
(b) A supervising veterinarian shall determine the
appropriate level of supervision and protocol for a task that is
delegated to a licensed veterinary technician, certified
veterinary assistant, or veterinary assistant. In determining the
appropriate level of supervision, the veterinarian must consider
the level of training and experience of the person to whom the task
is delegated.
(c) According to the judgment of the supervising
veterinarian, a veterinarian may delegate greater responsibility
to a licensed veterinary technician than to a certified veterinary
assistant or a veterinary assistant. A veterinarian shall provide
greater supervision for a task performed by a certified veterinary
assistant or a veterinary assistant than for the same task
performed by a licensed veterinary technician.
(d) A satellite office or mobile facility may not be
operated without a supervising veterinarian.
Sec. 801.364. SCOPE OF PRACTICE OF LICENSED VETERINARY
TECHNICIANS, CERTIFIED VETERINARY ASSISTANTS, AND VETERINARY
ASSISTANTS. (a) A licensed veterinary technician may:
(1) under the direct or immediate supervision of a
veterinarian:
(A) suture to close existing surgical skin
incisions and skin lacerations;
(B) induce anesthesia; and
(C) extract loose teeth or dental fragments of
companion animals with minimal periodontal attachments by hand and
without the use of an elevator;
(2) under the direct, immediate, or general
supervision of a veterinarian:
(A) draw blood; and
(B) take samples for the purpose of testing and
diagnosis;
(3) perform a task assigned by the supervising
veterinarian under a level of supervision determined by the
supervising veterinarian; and
(4) immediately supervise a certified veterinary
assistant or veterinary assistant who is performing a task
described by Subdivision (1)(A) or (B) or (2) or other tasks related
to animal care as assigned by the supervising veterinarian
according to the protocol established by the supervising
veterinarian.
(b) A licensed veterinary technician who is immediately
supervising a task performed by a certified veterinary assistant or
a veterinary assistant is responsible for conduct that violates
laws, including board rules, related to the practice of veterinary
medicine.
(c) In addition to tasks described by Subsection (a)(4), a
certified veterinary assistant or veterinary assistant may:
(1) under the direct or immediate supervision of a
veterinarian:
(A) suture to close existing surgical skin
incisions and skin lacerations; and
(B) induce anesthesia; and
(2) perform other tasks assigned by the supervising
veterinarian under a level of supervision determined by the
supervising veterinarian.
(d) A licensed veterinary technician, certified veterinary
assistant, or veterinary assistant may not:
(1) perform surgery;
(2) perform an invasive dental procedure, except as
provided by Subsection (a)(1)(C);
(3) diagnose or determine a prognosis for an animal
disease or condition;
(4) prescribe a drug or appliance; or
(5) initiate treatment without prior instruction by a
veterinarian, except in the case of an emergency.
SECTION 8. Section 801.402, Occupations Code, is amended to
read as follows:
Sec. 801.402. GENERAL GROUNDS FOR LICENSE DENIAL OR
DISCIPLINARY ACTION. A person is subject to denial of a license 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;
(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 dentistry;
(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 to practice equine dentistry in
this state;
(8) fraudulently issues a health certificate,
vaccination certificate, test chart, or other form used in the
practice of veterinary medicine or the practice of equine dentistry
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 or equine dental 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
dentistry; [or]
(17) is subject to disciplinary action in another
jurisdiction, including the suspension, probation, or revocation
of a license to practice veterinary medicine or to practice equine
dentistry issued by another jurisdiction;
(18) is convicted for an offense under Section 42.09,
42.091, or 42.092, Penal Code;
(19) represents the person as a veterinarian without a
license issued under this chapter;
(20) practices veterinary medicine or assists in the
practice of veterinary medicine without a license issued under this
chapter; or
(21) violates Section 801.353 or a rule adopted by the
board related to confidentiality.
SECTION 9. (a) Before September 1, 2014, the State Board of
Veterinary Medical Examiners shall issue a veterinary technician
license described by Section 801.265, Occupations Code, as added by
this Act, to a person who:
(1) presents proof of registration in good standing as
a registered veterinary technician with the Texas Veterinary
Medical Association; and
(2) submits an application and required fee.
(b) A license issued under this section may be renewed in
the same manner as a license issued to a person under Section
801.265, Occupations Code, as added by this Act.
SECTION 10. Not later than June 1, 2014, the State Board of
Veterinary Medical Examiners shall adopt the rules, procedures,
fees, and jurisprudence examination necessary to administer
Chapter 801, Occupations Code, as amended by this Act.
SECTION 11. Notwithstanding Chapter 801, Occupations Code,
as amended by this Act, a person employed as a licensed veterinary
technician is not required to hold a license under that chapter to
practice as a licensed veterinary technician in this state before
September 1, 2014.
SECTION 12. This Act takes effect September 1, 2013.