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Texas House Bill HB1621

Texas 2013 - 83rd Regular

Texas House Bill HB1621 Compare Versions

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11 83R11971 SLB-D
22 By: Aycock H.B. No. 1621
33 Substitute the following for H.B. No. 1621:
44 By: Anderson C.S.H.B. No. 1621
55
66
77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the regulation and practice of veterinary medicine;
1010 authorizing a fee.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 801.002, Occupations Code, is amended by
1313 adding Subdivisions (1-a), (4-b), (4-c), and (6-a) and amending
1414 Subdivision (4-a) to read as follows:
1515 (1-a) "Certified veterinary assistant" means a person
1616 who has been certified as a certified veterinary assistant by the
1717 Texas Veterinary Medical Association and is employed by a licensed
1818 veterinarian.
1919 (4-a) "Immediate supervision" means supervision by a
2020 person who is within audible and visual range of both the animal
2121 patient and the person under supervision.
2222 (4-b) "Licensed equine dental provider" means a person
2323 who holds a license to practice equine dentistry issued under this
2424 chapter.
2525 (4-c) "Licensed veterinary technician" means a person
2626 licensed as a veterinary technician by the board.
2727 (6-a) "Veterinary assistant" means a person who:
2828 (A) is employed by a licensed veterinarian;
2929 (B) performs tasks related to animal care; and
3030 (C) is not a certified veterinary assistant or a
3131 licensed veterinary technician.
3232 SECTION 2. Sections 801.151(c), (d), and (e), Occupations
3333 Code, are amended to read as follows:
3434 (c) The board shall adopt rules to:
3535 (1) protect the public;
3636 (2) ensure that alternate therapies, including
3737 ultrasound diagnosis and therapy, magnetic field therapy, holistic
3838 medicine, homeopathy, chiropractic treatment, acupuncture, and
3939 laser therapy, are performed only by a veterinarian or under the
4040 supervision of a veterinarian; [and]
4141 (3) ensure that equine dentistry is performed only by
4242 a veterinarian who is active and in good standing or by a licensed
4343 equine dental provider who is active and in good standing under the
4444 appropriate level of supervision of a veterinarian who is active
4545 and in good standing and who has established a
4646 veterinarian-client-patient relationship with the owner or other
4747 caretaker of an animal in accordance with Section 801.351; and
4848 (4) provide for the licensing and regulation of
4949 licensed veterinary technicians.
5050 (d) The board may adopt rules regarding the work of a person
5151 who[:
5252 [(1)] works under the supervision of a veterinarian[;
5353 and
5454 [(2) fulfills the requirements established by a
5555 board-approved organization for registered veterinary
5656 technicians].
5757 (e) The board shall adopt rules to implement a jurisprudence
5858 examination for licensed equine dental providers and licensed
5959 veterinary technicians, including rules relating to the
6060 development and administration of the examination, examination
6161 fees, guidelines for reexamination, examination grading, and
6262 provision of notice of examination results.
6363 SECTION 3. Subchapter D, Chapter 801, Occupations Code, is
6464 amended by adding Section 801.163 to read as follows:
6565 Sec. 801.163. ADVISORY COMMITTEES. (a) The board may
6666 appoint advisory committees to perform advisory functions as
6767 assigned by the board.
6868 (b) An advisory committee shall provide independent
6969 expertise on board functions and policies, but may not be involved
7070 in setting board policy.
7171 (c) The board shall adopt rules regarding the purpose,
7272 structure, and use of an advisory committee, including rules on:
7373 (1) the purpose, role, responsibility, and goal of an
7474 advisory committee;
7575 (2) the size and quorum requirements for an advisory
7676 committee;
7777 (3) the composition and representation of an advisory
7878 committee;
7979 (4) the qualifications of advisory committee members,
8080 including any experience requirements or requirements that members
8181 represent specific geographic regions of the state;
8282 (5) the appointment procedures for an advisory
8383 committee;
8484 (6) the terms of service for advisory committee
8585 members;
8686 (7) the training requirements for advisory committee
8787 members, if necessary;
8888 (8) the method the board will use to receive public
8989 input on issues addressed by an advisory committee; and
9090 (9) the development of board policies and procedures
9191 to ensure that an advisory committee meets the requirements for
9292 open meetings under Chapter 551, Government Code, including notice
9393 requirements.
9494 (d) To the extent of any conflict with Chapter 2110,
9595 Government Code, this section and board rules adopted under this
9696 section control.
9797 SECTION 4. Section 801.264, Occupations Code, is amended to
9898 read as follows:
9999 Sec. 801.264. JURISPRUDENCE EXAMINATION. (a) The board
100100 shall develop and administer a jurisprudence examination for
101101 licensed equine dental providers to determine an applicant's
102102 knowledge of this chapter, board rules, and any other applicable
103103 laws of this state affecting the applicant's [equine dentistry]
104104 practice.
105105 (b) The board shall develop and administer a jurisprudence
106106 examination for licensed veterinary technicians to determine an
107107 applicant's knowledge of this chapter, board rules, and any other
108108 applicable laws of this state affecting the applicant's employment
109109 as a licensed veterinary technician.
110110 SECTION 5. Subchapter F, Chapter 801, Occupations Code, is
111111 amended by adding Sections 801.265 and 801.266 to read as follows:
112112 Sec. 801.265. LICENSED VETERINARY TECHNICIAN: APPLICATION,
113113 QUALIFICATIONS, AND ISSUANCE. (a) The board shall issue a
114114 veterinary technician license to a person who is qualified under
115115 this section. A person is qualified to be licensed as a licensed
116116 veterinary technician if the person:
117117 (1) passes a jurisprudence examination conducted by
118118 the board in accordance with Section 801.264;
119119 (2) is at least 18 years old;
120120 (3) has graduated from a program accredited by the
121121 American Veterinary Medical Association;
122122 (4) has passed the Veterinary Technician National
123123 Examination; and
124124 (5) is not disqualified under this chapter or board
125125 rule.
126126 (b) An applicant for a veterinary technician license must
127127 submit to the board:
128128 (1) an application on the form prescribed by the
129129 board;
130130 (2) information to enable the board to conduct a
131131 criminal background check if required by the board; and
132132 (3) any other information required by the board.
133133 Sec. 801.266. LICENSED VETERINARY TECHNICIAN LICENSE
134134 REQUIRED; DISPLAY OF LICENSE. (a) A person may not use the title
135135 "Licensed Veterinary Technician" or "LVT" or advertise or offer
136136 services in a manner to lead other people to believe that the person
137137 is licensed as a licensed veterinary technician unless the person
138138 holds a license under Section 801.265.
139139 (b) If employed by a veterinary hospital, a licensed
140140 veterinary technician shall display at that facility the person's
141141 license issued by the board or a legible photocopy of the license.
142142 SECTION 6. Section 801.307(a), Occupations Code, is amended
143143 to read as follows:
144144 (a) The board by rule shall establish a minimum number of
145145 hours of continuing education required to renew a license to
146146 practice veterinary medicine or work as a licensed veterinary
147147 technician. The board shall require six hours of continuing
148148 education annually to renew an equine dental provider license.
149149 SECTION 7. Subchapter H, Chapter 801, Occupations Code, is
150150 amended by adding Sections 801.363 and 801.364 to read as follows:
151151 Sec. 801.363. DELEGATION AND SUPERVISION OF ANIMAL CARE
152152 TASKS. (a) Decisions relating to the diagnosis, treatment,
153153 management, and future disposition of an animal patient must be
154154 made by a supervising veterinarian.
155155 (b) A supervising veterinarian shall determine the
156156 appropriate level of supervision and protocol for a task that is
157157 delegated to a licensed veterinary technician, certified
158158 veterinary assistant, or veterinary assistant. In determining the
159159 appropriate level of supervision, the veterinarian must consider
160160 the level of training and experience of the person to whom the task
161161 is delegated.
162162 (c) According to the judgment of the supervising
163163 veterinarian, a veterinarian may delegate greater responsibility
164164 to a licensed veterinary technician than to a certified veterinary
165165 assistant or a veterinary assistant. A veterinarian may provide
166166 greater supervision for a task performed by a certified veterinary
167167 assistant or a veterinary assistant than for the same task
168168 performed by a licensed veterinary technician.
169169 (d) A satellite office or mobile facility may not be
170170 operated without a supervising veterinarian.
171171 Sec. 801.364. SCOPE OF PRACTICE OF LICENSED VETERINARY
172172 TECHNICIANS, CERTIFIED VETERINARY ASSISTANTS, AND VETERINARY
173173 ASSISTANTS. (a) A licensed veterinary technician may:
174174 (1) under the direct or immediate supervision of a
175175 veterinarian:
176176 (A) suture to close existing surgical skin
177177 incisions and skin lacerations;
178178 (B) induce anesthesia; and
179179 (C) extract loose teeth or dental fragments of
180180 companion animals with minimal periodontal attachments by hand and
181181 without the use of an elevator;
182182 (2) under the direct, immediate, or general
183183 supervision of a veterinarian:
184184 (A) draw blood; and
185185 (B) take samples for the purpose of testing and
186186 diagnosis;
187187 (3) perform a task assigned by the supervising
188188 veterinarian under a level of supervision determined by the
189189 supervising veterinarian; and
190190 (4) immediately supervise a certified veterinary
191191 assistant or veterinary assistant who is performing a task
192192 described by Subdivision (1)(A) or (B) or (2) or other tasks related
193193 to animal care as assigned by the supervising veterinarian
194194 according to the protocol established by the supervising
195195 veterinarian.
196196 (b) A licensed veterinary technician who is immediately
197197 supervising a task performed by a certified veterinary assistant or
198198 a veterinary assistant is responsible for conduct that violates
199199 laws, including board rules, related to the practice of veterinary
200200 medicine.
201201 (c) In addition to tasks described by Subsection (a)(4), a
202202 certified veterinary assistant or veterinary assistant may:
203203 (1) under the direct or immediate supervision of a
204204 veterinarian:
205205 (A) suture to close existing surgical skin
206206 incisions and skin lacerations; and
207207 (B) induce anesthesia; and
208208 (2) perform other tasks assigned by the supervising
209209 veterinarian under a level of supervision determined by the
210210 supervising veterinarian.
211211 (d) A licensed veterinary technician, certified veterinary
212212 assistant, or veterinary assistant may not:
213213 (1) perform surgery;
214214 (2) perform an invasive dental procedure, except as
215215 provided by Subsection (a)(1)(C);
216216 (3) diagnose or determine a prognosis for an animal
217217 disease or condition;
218218 (4) prescribe a drug or appliance; or
219219 (5) initiate treatment without prior instruction by a
220220 veterinarian, except in the case of an emergency.
221221 SECTION 8. Section 801.402, Occupations Code, is amended to
222222 read as follows:
223223 Sec. 801.402. GENERAL GROUNDS FOR LICENSE DENIAL OR
224224 DISCIPLINARY ACTION. A person is subject to denial of a license or
225225 to disciplinary action under Section 801.401 if the person:
226226 (1) presents to the board dishonest or fraudulent
227227 evidence of the person's qualifications;
228228 (2) commits fraud or deception in the examination
229229 process or to obtain a license;
230230 (3) is chronically or habitually intoxicated,
231231 chemically dependent, or addicted to drugs;
232232 (4) engages in dishonest or illegal practices in, or
233233 connected with, the practice of veterinary medicine or the practice
234234 of equine dentistry;
235235 (5) is convicted of a felony under the laws of this
236236 state, another state, or the United States;
237237 (6) engages in practices or conduct that violates the
238238 board's rules of professional conduct;
239239 (7) permits another to use the person's license to
240240 practice veterinary medicine or to practice equine dentistry in
241241 this state;
242242 (8) fraudulently issues a health certificate,
243243 vaccination certificate, test chart, or other form used in the
244244 practice of veterinary medicine or the practice of equine dentistry
245245 that relates to the presence or absence of animal disease;
246246 (9) issues a false certificate relating to the sale
247247 for human consumption of inedible animal products;
248248 (10) commits fraud in connection with the application
249249 or reporting of a test of animal disease;
250250 (11) pays or receives a kickback, rebate, bonus, or
251251 other remuneration for treating an animal or for referring a client
252252 to another provider of veterinary or equine dental services or
253253 goods;
254254 (12) performs or prescribes unnecessary or
255255 unauthorized treatment;
256256 (13) orders a prescription drug or controlled
257257 substance for the treatment of an animal without first establishing
258258 a veterinarian-client-patient relationship;
259259 (14) refuses to admit a board representative to
260260 inspect the person's client and patient records and business
261261 premises during regular business hours;
262262 (15) fails to keep the person's equipment and business
263263 premises in a sanitary condition;
264264 (16) commits gross malpractice or a pattern of acts
265265 that indicate consistent malpractice, negligence, or incompetence
266266 in the practice of veterinary medicine or the practice of equine
267267 dentistry; [or]
268268 (17) is subject to disciplinary action in another
269269 jurisdiction, including the suspension, probation, or revocation
270270 of a license to practice veterinary medicine or to practice equine
271271 dentistry issued by another jurisdiction;
272272 (18) is convicted for an offense under Section 42.09,
273273 42.091, or 42.092, Penal Code;
274274 (19) represents the person as a veterinarian without a
275275 license issued under this chapter;
276276 (20) practices veterinary medicine or assists in the
277277 practice of veterinary medicine without a license issued under this
278278 chapter; or
279279 (21) violates Section 801.353 or a rule adopted by the
280280 board related to confidentiality.
281281 SECTION 9. (a) Before September 1, 2014, the State Board of
282282 Veterinary Medical Examiners shall issue a veterinary technician
283283 license described by Section 801.265, Occupations Code, as added by
284284 this Act, to a person who:
285285 (1) presents proof of registration in good standing as
286286 a registered veterinary technician with the Texas Veterinary
287287 Medical Association; and
288288 (2) submits an application and required fee.
289289 (b) A license issued under this section may be renewed in
290290 the same manner as a license issued to a person under Section
291291 801.265, Occupations Code, as added by this Act.
292292 SECTION 10. Not later than June 1, 2014, the State Board of
293293 Veterinary Medical Examiners shall adopt the rules, procedures,
294294 fees, and jurisprudence examination necessary to administer
295295 Chapter 801, Occupations Code, as amended by this Act.
296296 SECTION 11. Notwithstanding Chapter 801, Occupations Code,
297297 as amended by this Act, a person employed as a licensed veterinary
298298 technician is not required to hold a license under that chapter to
299299 practice as a licensed veterinary technician in this state before
300300 September 1, 2014.
301301 SECTION 12. This Act takes effect September 1, 2013.