85R10325 TYPED
By: Rodriguez of Travis H.B. No. 2390
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. Sec. 823.001, Health and Safety Code, is amended
by adding a new subsection as follows:
(5-a) "Releasing agency" has the meaning assigned by
Section 828.001, Health and Safety Code.
SECTION 2. Sec. 823.003, Health and Safety Code, is amended
by adding a new subsection as follows:
(e-1) Before an animal adoption becomes final, an animal
shelter or releasing agency must provide the proposed new owner
with a written history that shows if the animal has been screened or
tested for diseases and conditions that are common to that species.
If the animal has been tested, the written history should include
the dates and results of each test.
(e-2) The State Board of Veterinary Medical Examiners shall
promulgate forms that an animal shelter or releasing agency may use
to comply with subsection (e-1). An animal shelter or releasing
agency may use an alternative form, so long as it complies with
subsection (e-1).
(e-3) Nothing in this section requires an animal shelter or
releasing agency to provide certain screens or tests.
SECTION 3. Chapter 823, Health and Safety Code, is amended
by adding Section 823.004 to read as follows:
Sec. 823.004. TREATMENT OF ANIMALS ON BEHALF OF ANIMAL
SHELTERS AND RELEASING AGENCIES. (a) Notwithstanding any other
law, once an animal shelter or releasing agency takes possession of
an animal:
(1) A veterinarian acting on behalf of the animal
shelter or releasing agency may:
a. Perform a surgical or nonsurgical
sterilization of:
i. A dog or cat that shows no evidence
of ownership; or
ii. A dog or cat that is surrendered
by its owner or whose owner has not claimed the animal within the
hold period as designed by local law;
b. Prescribe or administer a vaccine or
medication for or to the animal; and
c. Provide any other treatment that the
veterinarian reasonably believes will promote the health and
wellbeing of the animal or to alleviate the pain, suffering, or
discomfort of the animal;
(2) An unlicensed employee, volunteer, or agent acting
on behalf of the animal shelter or releasing agency may provide
nonsurgical veterinary care or treatment to the animal:
a. Under the authorization and general
supervision of a veterinarian; or
b. Pursuant to a protocol approved by a
veterinarian; and
(3) Any employee, volunteer, or agent acting on behalf
of the animal shelter or releasing agency may provide emergency
veterinary care or treatment to the animal.
(b) Notwithstanding any other law, a veterinarian who
provides treatment on behalf of an animal shelter or releasing
agency may deliver or cause to be delivered a medication to an
unlicensed employee, volunteer, or agent of an animal shelter or
releasing agency. The unlicensed employee, volunteer, or agent may
then administer the medication in keeping with the veterinarian's
instructions. A veterinarian who delivers or causes to be
delivered a controlled substance under this section must comply
with Section 801.359, Occupations Code.
SECTION 4. Subchapter A, Chapter 801, Occupations Code, is
amended by adding Section 801.0011 to read as follows:
Sec. 801.0011. POLICY; CONSTRUCTION. (a) The Legislature
hereby finds that the public's attitude towards animal shelters and
releasing agencies has shifted since this chapter was first
enacted. As a result of this shift, many animal shelters and
releasing agencies now seek to save the life of as many stray,
homeless, abandoned, or unwanted animals as possible. The
Legislature intends to promote this practice.
(b) This chapter should be construed in favor of licensed
veterinarians and unlicensed persons who care for stray, homeless,
abandoned, or unwanted animals that would be killed but for their
care so long as they are acting with a good faith intent to save
animals' lives and with reasonable consideration of animals' pain.
SECTION 5. Sec. 801.002, Occupations Code, is amended by
adding subsections (0), (5-a), and (5-b) to read as follows:
(0) "Animal shelter" has the meaning assigned by
Section 823.001, Health and Safety Code;
(5-a) "Releasing agency" has the meaning assigned by
Section 828.001, Health and Safety Code;
(5-b) "Safety net shelter" means an animal shelter
that:
(A) Accepts animals without regard to their breed
or size;
(B) Attempts to rehome or provide hospice care to
all of the animals it receives; and
(C) During its latest full calendar year,
satisfied the no-kill benchmarks in Section 801.0021.
SECTION 6. Subchapter A, Chapter 801, Occupations Code, is
amended by adding Section 801.0021 to read as follows:
Sec. 801.0021. NO-KILL BENCHMARKS. (a) To satisfy the
no-kill benchmarks, an animal shelter must first declare its intent
to satisfy the no-kill benchmarks in writing to the department.
(b) During the first two years after an animal shelter
declares its intent under subsection (a), an animal shelter
satisfies the no-kill benchmarks if it euthanizes 30% or less of the
animals it takes ownership of in a year.
(b) During the third and fourth years after an animal
shelter declares its intent under subsection (a), an animal shelter
satisfies the no-kill benchmarks if it euthanizes 20% or less of the
animals it takes ownership of in a year.
(c) Beginning on the four-year anniversary of the date the
animal shelter declared its intent under subsection(a), an animal
shelter satisfies the no-kill benchmarks if it euthanizes 15% or
less of the animals it takes ownership of in a year.
SECTION 7. Sec. 801.004, Occupations Code, is amended to
read as follows:
Sec. 801.004. APPLICATION OF CHAPTER. (a)Except as
provided by Section 801.4021, 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.
SECTION 8. Section 801.351, Occupations Code, is amended by
adding a new subsection as follows:
(d) This section does not apply to a person who provides
treatment on behalf of an animal shelter or releasing agency.
SECTION 9. Section 801.359, Occupations Code, is amended as
follows:
Sec. 801.359. [CONTROLLED SUBSTANCES RECORDS]
RECORDKEEPING REQUIREMENTS. (a) The board shall require each
veterinarian to maintain a recordkeeping system for controlled
substances as required by Chapter 481, Health and Safety Code.
(b) The records required to be maintained under subsection
(a) are subject to review by a law enforcement agency or board
representative.
(c) The records required to be maintained under subsection
(a) may be maintained in a daily log, or in billing records,
provided that the treatment information that is entered is adequate
to substantiate the identification of the animals treated and the
medical care provided. Animal shelter or releasing agency
employees, volunteers, or agents who are not veterinarians but who
act under the general supervision or protocol of a veterinarian may
contribute to the records.
SECTION 10. Sec. 801.402, Occupations Code, is amended to
read as follows:
Sec. 801.402. GENERAL GROUNDS FOR LICENSE DENIAL OR
DISCIPLINARY ACTION. Except as provided by Section 801.4021, 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;
(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 11. Subchapter I, Chapter 801, Occupations Code, is
amended by adding Section 801.4021 to read as follows:
Sec. 801.4021. DISCIPLINE FOR TREATMENT OR CARE PERFORMED
ON BEHALF OF AN ANIMAL SHELTER OR RELEASING AGENCY. (a)
Notwithstanding any other law, the board may not deny a license or
take disciplinary action against an unlicensed person for providing
treatment or care in accordance with Section 823.004, Health and
Safety Code.
(b) The board may not deny a license or take disciplinary
action against a veterinarian for providing treatment or care to an
animal on behalf of an animal shelter or releasing agency unless the
veterinarian acted without regard for the animal's health or safety
or intended to cause the animal pain.
(c) It is an affirmative defense to an action under
subsection (b) that the veterinarian:
(i) provided the treatment or care in
question on behalf of a safety net shelter;
(ii) had a reasonable belief that the
treatment or care provided would enable the animal to survive an
illness or injury; and
(iii) gave reasonable consideration to the
animal's pain.
(d) In making a determination under subsection (b) or (c),
the board
(i) may not rely solely on:
(A) allegations made by a person who
lacks personal knowledge of the underlying events; or
(B) the fact that the treatment or
care provided is new, innovative, low-cost, or results in the
animal's death; and
(ii) shall consider:
(A) the policy statement in Section
801.0011;
(B) the veterinarian's intent; and
(C) the size, sophistication, and
fiscal constraints of the animal shelter or releasing agency.
(e) Notwithstanding any other law, a veterinarian or
unlicensed person working on behalf of an animal shelter or
releasing agency is not liable for a violation of this chapter or
any applicable rules unless the violation is committed by:
(i) the veterinarian or unlicensed person;
or
(ii) a person under the direct or immediate
supervision of the veterinarian or unlicensed person.
SECTION 12. Section 801.410, Occupations Code, is amended
to read as follows:
Sec. 801.410. VENUE AND STANDARD OF REVIEW FOR APPEALS. An
appeal of an action of the board must be filed in a district court in
Travis County and is reviewed by trial de novo.
SECTION 13. This Act takes effect September 1, 2017.