84R7153 LED-F
By: Larson H.B. No. 1274
A BILL TO BE ENTITLED
AN ACT
relating to the medical treatment and care of animals by certain
persons in animal shelters and releasing agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 823, Health and Safety
Code, is amended to read as follows:
CHAPTER 823. ANIMAL SHELTERS AND RELEASING AGENCIES
SECTION 2. Chapter 823, Health and Safety Code, is amended
by designating Sections 823.001 through 823.009 as Subchapter A and
adding a subchapter heading to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS; ANIMAL SHELTERS
SECTION 3. Section 823.001, Health and Safety Code, is
amended by adding Subdivision (5) to read as follows:
(5) "Releasing agency" has the meaning assigned by
Section 828.001.
SECTION 4. Chapter 823, Health and Safety Code, is amended
by adding Subchapter B to read as follows:
SUBCHAPTER B. TREATMENT AND CARE OF ANIMALS
Sec. 823.051. ANIMAL TREATMENT PROTOCOL. At the time an
animal shelter or releasing agency takes possession of an animal,
an agent for the shelter or agency may administer a nonprescription
vaccine, nonprescription medicine, or medicine that is not a
controlled substance if:
(1) the medicine is necessary to prevent or control
communicable diseases or internal or external parasites; and
(2) the medicine is administered in accordance with a
protocol developed under Section 801.366, Occupations Code.
SECTION 5. Section 828.012(a), Health and Safety Code, is
amended to read as follows:
(a) Surgery or nonsurgical sterilization performed in
accordance with this chapter must also be performed in accordance
with Section 801.365 [by a veterinarian or a full-time student of an
accredited college of veterinary medicine as provided by Chapter
801], Occupations Code.
SECTION 6. Subchapter A, Chapter 801, Occupations Code, is
amended by amending Section 801.004 and adding Section 801.005 to
read as follows:
Sec. 801.004. APPLICATION OF CHAPTER. Except as provided
by Section 801.005, this [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
if the act is performed under the direct supervision of a
veterinarian;
(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.
Sec. 801.005. TREATMENT OF ANIMAL IN ANIMAL SHELTER OR
RELEASING AGENCY. This chapter applies to a veterinarian when
treating an animal on behalf of or in:
(1) an animal shelter, as defined by Section 823.001,
Health and Safety Code; or
(2) a releasing agency, as defined by Section 828.001,
Health and Safety Code.
SECTION 7. Subchapter H, Chapter 801, Occupations Code, is
amended by adding Sections 801.365 and 801.366 to read as follows:
Sec. 801.365. STERILIZATION. Surgery or nonsurgical
sterilization performed in accordance with Chapter 828, Health and
Safety Code, must be performed by a veterinarian or a person who is
a full-time student of an accredited college of veterinary
medicine.
Sec. 801.366. ANIMAL SHELTER OR RELEASING AGENCY TREATMENT
PROTOCOL. (a) A veterinarian who makes medically appropriate and
timely visits to an animal shelter or releasing agency may, in
consultation with the animal shelter or releasing agency, develop a
written animal treatment protocol to authorize an agent of the
animal shelter or releasing agency to administer a nonprescription
vaccine, nonprescription medicine, or medicine that is not a
controlled substance as necessary to prevent or control
communicable diseases or internal or external parasites.
(b) A written animal treatment protocol developed under
Subsection (a) must meet the minimum acceptable standard of care
for the administration of a nonprescription vaccine,
nonprescription medicine, or medicine that is not a controlled
substance used to prevent or control communicable diseases or
internal or external parasites.
(c) A veterinarian who develops a written animal treatment
protocol under this section does not violate Section 801.351.
(d) In this section:
(1) "Animal shelter" has the meaning assigned by
Section 823.001, Health and Safety Code; and
(2) "Releasing agency" has the meaning assigned by
Section 828.001, Health and Safety Code.
SECTION 8. This Act takes effect September 1, 2015.