85R4334 KKR-F
By: Davis of Harris H.B. No. 1375
A BILL TO BE ENTITLED
AN ACT
relating to treatment and care provided by licensed medical
professionals to animals in certain facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 801.004, Occupations Code, is amended to
read as follows:
Sec. 801.004. APPLICATION OF CHAPTER. 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; or
(10) a licensed health care professional who, without
expectation of compensation and under the direct supervision of a
veterinarian, provides treatment or care to an animal owned by or in
the possession, control, or custody of an entity accredited by the
Association of Zoos and Aquariums.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.