Texas 2017 - 85th Regular

Texas House Bill HB2967 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R8275 BEF-D
2	2	By: Raymond H.B. No. 2967
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and functions of the State Board of
8	8	Veterinary Medical Examiners; authorizing a reduction in fees;
9	9	providing penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 801.003, Occupations Code, is amended to
12	12	read as follows:
13	13	Sec. 801.003. APPLICATION OF SUNSET ACT. The State Board of
14	14	Veterinary Medical Examiners is subject to Chapter 325, Government
15	15	Code (Texas Sunset Act). Unless continued in existence as provided
16	16	by that chapter, the board is abolished and this chapter expires
17	17	September 1, 2021 [2017].
18	18	SECTION 2. Section 801.051(a), Occupations Code, is amended
19	19	to read as follows:
20	20	(a) The State Board of Veterinary Medical Examiners
21	21	consists of nine members appointed by the governor with the advice
22	22	and consent of the senate as follows:
23	23	(1) five [six] veterinarian members, including:
24	24	(A) one veterinarian member who is associated
25	25	with an animal shelter; and
26	26	(B) one veterinarian member who has at least
27	27	three years of experience practicing veterinary medicine in this
28	28	state on horses, livestock, or other large animals; [and]
29	29	(2) one licensed veterinary technician member; and
30	30	(3) three members who represent the public.
31	31	SECTION 3. Section 801.057, Occupations Code, is amended by
32	32	amending Subsection (b) and adding Subsection (d) to read as
33	33	follows:
34	34	(b) The training program must provide the person with
35	35	information regarding:
36	36	(1) the law governing board operations;
37	37	(2) the [legislation that created the board and the
38	38	board's] programs, functions, rules, and budget of the board;
39	39	(3) the scope of and limitations on the rulemaking
40	40	authority of the board;
41	41	(4) [(2)] the results of the most recent formal audit
42	42	of the board;
43	43	(5) [(3)] the requirements of:
44	44	(A) laws relating to open meetings, public
45	45	information, administrative procedure, and disclosing conflicts of
46	46	interest; and
47	47	(B) other laws applicable to members of the board
48	48	in performing their duties; and
49	49	(6) [(4)] any applicable ethics policies adopted by
50	50	the board or the Texas Ethics Commission.
51	51	(d) The executive director of the board shall create a
52	52	training manual that includes the information required by
53	53	Subsection (b). The executive director shall distribute a copy of
54	54	the training manual annually to each board member. On receipt of the
55	55	training manual, each board member shall sign and submit to the
56	56	executive director a statement acknowledging receipt of the
57	57	training manual.
58	58	SECTION 4. Section 801.154, Occupations Code, is amended to
59	59	read as follows:
60	60	Sec. 801.154. FEES. [(a)] The board by rule shall set fees
61	61	in amounts that are reasonable and necessary so that the fees, in
62	62	the aggregate, cover the costs of administering this chapter. [The
63	63	board may not set a fee that existed on September 1, 1993, in an
64	64	amount that is less than the fee on that date.]
65	65	SECTION 5. Subchapter D, Chapter 801, Occupations Code, is
66	66	amended by adding Section 801.164 to read as follows:
67	67	Sec. 801.164. RISK-BASED INSPECTIONS RELATED TO CONTROLLED
68	68	SUBSTANCES PRACTICES. The board may conduct a risk-based inspection
69	69	of a veterinarian's practice based on information obtained from the
70	70	veterinarian or another source concerning the veterinarian's use,
71	71	handling, prescribing, dispensing, or delivery of controlled
72	72	substances.
73	73	SECTION 6. Section 801.205, Occupations Code, is amended to
74	74	read as follows:
75	75	Sec. 801.205. GENERAL RULES REGARDING COMPLAINT
76	76	INVESTIGATION AND DISPOSITION. The board shall adopt rules
77	77	relating to the investigation of complaints filed with the board.
78	78	The rules must:
79	79	(1) distinguish between categories of complaints;
80	80	(2) ensure that complaints are not dismissed without
81	81	appropriate consideration;
82	82	(3) require that the board be advised of a complaint
83	83	that is dismissed [and that a written explanation be given to the
84	84	person who filed the complaint explaining the action taken on the
85	85	dismissed complaint];
86	86	(4) ensure that the person who filed the complaint has
87	87	the opportunity to explain the allegations made in the complaint;
88	88	and
89	89	(5) prescribe guidelines concerning the categories of
90	90	complaints that require the use of a private investigator and the
91	91	procedures for the board to obtain the services of a private
92	92	investigator.
93	93	SECTION 7. Section 801.2055, Occupations Code, is amended
94	94	to read as follows:
95	95	Sec. 801.2055. COMPLAINTS REQUIRING MEDICAL EXPERTISE. (a)
96	96	A complaint that requires medical expertise to review must be
97	97	reviewed by one [two] or more veterinarians designated by the
98	98	[veterinarian] board [members]. The veterinarian reviewers [board
99	99	members] shall determine whether to dismiss the complaint or refer
100	100	it to an informal proceeding under Section 801.408.
101	101	(b) If the veterinarian reviewers determine to:
102	102	(1) dismiss the complaint, the dismissal must be
103	103	approved by the board at a public meeting; or
104	104	(2) refer the complaint to an informal proceeding, the
105	105	complaint is referred to an informal proceeding under Section
106	106	801.408.
107	107	(c) If the board designates more than one veterinarian
108	108	reviewer and the reviewers [members] do not agree to dismiss or
109	109	refer the complaint to an informal proceeding, the complaint is
110	110	referred to an informal proceeding under Section 801.408.
111	111	(d) A veterinarian board member who reviews a complaint
112	112	under this section may not participate in any subsequent
113	113	disciplinary proceeding related to the complaint.
114	114	SECTION 8. Section 801.207, Occupations Code, is amended by
115	115	amending Subsection (b) and adding Subsection (c) to read as
116	116	follows:
117	117	(b) Each complaint, investigation file and record, and
118	118	other investigation report and all other investigative information
119	119	in the possession of or received or gathered by the board or the
120	120	board's employees or agents relating to a license holder, an
121	121	application for license, or a criminal investigation or proceeding
122	122	is privileged and confidential and is not subject to discovery,
123	123	subpoena, or other means of legal compulsion for release to anyone
124	124	other than the board or the board's employees or agents involved in
125	125	discipline of a license holder [An investigation record of the
126	126	board, including a record relating to a complaint that is found to
127	127	be groundless, is confidential].
128	128	(c) The board shall protect the identity of a complainant to
129	129	the extent possible.
130	130	SECTION 9. Subchapter E, Chapter 801, Occupations Code, is
131	131	amended by adding Section 801.208 to read as follows:
132	132	Sec. 801.208. NOTIFICATION TO COMPLAINANT REGARDING
133	133	COMPLAINT DISPOSITION. (a) The board shall promptly notify a
134	134	complainant of the final disposition of the complaint, including
135	135	notice:
136	136	(1) that the complaint was dismissed;
137	137	(2) that a penalty, disciplinary action, or other
138	138	sanction was imposed; or
139	139	(3) that the complaint was disposed of in another
140	140	manner and the nature of that disposition.
141	141	(b) The board shall include with the notification a copy of
142	142	any public sanction imposed by the board.
143	143	(c) The board shall include in the notification an
144	144	explanation of each reason for the disposition, including, as
145	145	applicable, in plain, easily understandable language, each reason
146	146	the conduct alleged in the complaint did or did not constitute
147	147	grounds for the imposition of a penalty, disciplinary action, or
148	148	other sanction.
149	149	(d) The notification may not include information that is
150	150	confidential under Section 801.207(b).
151	151	SECTION 10. Subchapter E, Chapter 801, Occupations Code, is
152	152	amended by adding Section 801.209 to read as follows:
153	153	Sec. 801.209. REQUIREMENTS FOR CERTAIN COMPLAINTS. (a) In
154	154	this section:
155	155	(1) "Anonymous complaint" means a complaint that lacks
156	156	sufficient information to identify the source or the name of the
157	157	person who filed the complaint.
158	158	(2) "Insurance professional" means a person licensed
159	159	under Title 13, Insurance Code.
160	160	(3) "Insurer" means an insurance company or other
161	161	entity authorized to engage in the business of insurance under
162	162	Title 6, Insurance Code.
163	163	(b) The board may not accept anonymous complaints.
164	164	(c) Notwithstanding any confidentiality requirements under
165	165	Chapter 552, Government Code, or this chapter, a complaint filed
166	166	with the board against a license holder by a pharmaceutical company
167	167	or by an insurance professional or insurer relating to insurance
168	168	covering veterinary services must include the name and address of
169	169	the pharmaceutical company, insurance professional, or insurer
170	170	filing the complaint. Not later than the 15th day after the date
171	171	the complaint is filed with the board, the board shall notify the
172	172	license holder who is the subject of the complaint of the name and
173	173	address of the pharmaceutical company, insurance professional, or
174	174	insurer who filed the complaint, unless the notice would jeopardize
175	175	an investigation.
176	176	SECTION 11. Subchapter F, Chapter 801, Occupations Code, is
177	177	amended by adding Section 801.267 to read as follows:
178	178	Sec. 801.267. CRIMINAL HISTORY RECORD INFORMATION FOR
179	179	LICENSE ISSUANCE. (a) The board shall require that an applicant for
180	180	a license submit a complete and legible set of fingerprints, on a
181	181	form prescribed by the board, to the board or to the Department of
182	182	Public Safety for the purpose of obtaining criminal history record
183	183	information from the Department of Public Safety and the Federal
184	184	Bureau of Investigation.
185	185	(b) The board may not issue a license to a person who does
186	186	not comply with the requirement of Subsection (a).
187	187	(c) The board shall conduct a criminal history record
188	188	information check of each applicant for a license using
189	189	information:
190	190	(1) provided by the individual under this section; and
191	191	(2) made available to the board by the Department of
192	192	Public Safety, the Federal Bureau of Investigation, and any other
193	193	criminal justice agency under Chapter 411, Government Code.
194	194	(d) The board may:
195	195	(1) enter into an agreement with the Department of
196	196	Public Safety to administer a criminal history record information
197	197	check required under this section; and
198	198	(2) authorize the Department of Public Safety to
199	199	collect from each applicant the costs incurred by the Department of
200	200	Public Safety in conducting the criminal history record information
201	201	check.
202	202	SECTION 12. Section 801.301, Occupations Code, is amended
203	203	to read as follows:
204	204	Sec. 801.301. LICENSE TERM AND [ANNUAL] RENEWAL [REQUIRED].
205	205	(a) The board shall provide:
206	206	(1) that each type of license under this chapter is
207	207	valid for a term of one year or two years; and
208	208	(2) for the [annual] renewal of a license.
209	209	(b) The board by rule may adopt a system under which
210	210	licenses expire on various dates during the year.
211	211	(c) For a year in which the license expiration date is
212	212	changed, the board shall prorate license fees [payable on March 1
213	213	shall be prorated] on a monthly basis so that each license holder
214	214	pays only that portion of the fee that is allocable to the number of
215	215	months during which the license is valid. On renewal of the license
216	216	on the new expiration date, the total license renewal fee is
217	217	payable.
218	218	SECTION 13. Sections 801.307(b) and (c), Occupations Code,
219	219	are amended to read as follows:
220	220	(b) The board may:
221	221	(1) establish general categories of continuing
222	222	education that meet the needs of license holders; [and]
223	223	(2) require a license holder to successfully complete
224	224	continuing education courses; and
225	225	(3) for a license valid for two years, provide a one
226	226	year or two year period for the completion of continuing education.
227	227	(c) The board may require a license holder who does not
228	228	complete the required number of hours of continuing education in a
229	229	period [year] to make up the missed hours in a later period
230	230	[years]. Hours required to be made up in a later period [year] are
231	231	in addition to the hours normally required to be completed in that
232	232	period [year].
233	233	SECTION 14. Subchapter G, Chapter 801, Occupations Code, is
234	234	amended by adding Section 801.309 to read as follows:
235	235	Sec. 801.309. CRIMINAL HISTORY RECORD INFORMATION
236	236	REQUIREMENT FOR LICENSE RENEWAL. (a) An applicant renewing a
237	237	license issued under this chapter shall submit a complete and
238	238	legible set of fingerprints for purposes of performing a criminal
239	239	history record information check of the applicant as provided by
240	240	Section 801.267.
241	241	(b) The board may administratively suspend or refuse to
242	242	renew the license of a person who does not comply with the
243	243	requirement of Subsection (a).
244	244	(c) A license holder is not required to submit fingerprints
245	245	under this section for the renewal of the license if the license
246	246	holder has previously submitted fingerprints under:
247	247	(1) Section 801.267 for the initial issuance of the
248	248	license; or
249	249	(2) this section as part of a prior license renewal.
250	250	SECTION 15. Subchapter H, Chapter 801, Occupations Code, is
251	251	amended by adding Section 801.3591 to read as follows:
252	252	Sec. 801.3591. REPORT OF CONTROLLED SUBSTANCES DISPENSED.
253	253	(a) A veterinarian shall submit to the Texas State Board of Pharmacy
254	254	a record of each controlled substance dispensed by the
255	255	veterinarian, including:
256	256	(1) the name, strength, and quantity of the substance
257	257	dispensed;
258	258	(2) the date the substance was dispensed;
259	259	(3) the name of the animal;
260	260	(4) the species, gender, and actual or estimated date
261	261	of birth of the animal;
262	262	(5) the name and address of the animal's owner;
263	263	(6) the directions for use of the substance;
264	264	(7) the intended use of the substance;
265	265	(8) the name, address, Federal Drug Enforcement
266	266	Administration number, and telephone number of the veterinarian at
267	267	the veterinarian's usual place of business; and
268	268	(9) any other information required by the joint rules
269	269	adopted under this section.
270	270	(b) The board and the Texas State Board of Pharmacy shall
271	271	jointly adopt rules to implement this section, including rules
272	272	providing the form of the records and the time and manner for
273	273	submitting the records. The form, time, and manner must be similar
274	274	to the requirements for a pharmacist to submit dispensing
275	275	information under Section 481.074, Health and Safety Code.
276	276	(c) The Texas State Board of Pharmacy shall make information
277	277	submitted under this section available in the manner provided by
278	278	Section 481.076, Health and Safety Code. For purposes of Chapter
279	279	481, Health and Safety Code, a record submitted to the Texas State
280	280	Board of Pharmacy under this section is considered to be official
281	281	prescription information submitted to that board under Section
282	282	481.074(q) or 481.075, Health and Safety Code.
283	283	SECTION 16. Subchapter H, Chapter 801, Occupations Code, is
284	284	amended by adding Section 801.3592 to read as follows:
285	285	Sec. 801.3592. DUTIES RELATED TO PRESCRIBING OR DISPENSING
286	286	CERTAIN DRUGS. (a) A veterinarian may not provide a prescription
287	287	for or deliver a drug listed in Subsection (b) to a client unless
288	288	the veterinarian has reviewed the prescription and dispensing
289	289	history of animals associated with the client by accessing the
290	290	prescription and dispensing information submitted to the Texas
291	291	State Board of Pharmacy as authorized by Section 481.076(a)(5),
292	292	Health and Safety Code.
293	293	(b) Subsection (a) applies only to the prescribing and
294	294	dispensing of:
295	295	(1) opioids;
296	296	(2) benzodiazepines;
297	297	(3) barbiturates; or
298	298	(4) carisoprodol.
299	299	(c) Failure by a veterinarian to comply with the
300	300	requirements of this section is grounds for disciplinary action
301	301	under Section 801.402.
302	302	SECTION 17. Section 801.402, Occupations Code, is amended
303	303	to read as follows:
304	304	Sec. 801.402. GENERAL GROUNDS FOR LICENSE DENIAL OR
305	305	DISCIPLINARY ACTION. A person is subject to denial of a license or
306	306	to disciplinary action under Section 801.401 if the person:
307	307	(1) presents to the board dishonest or fraudulent
308	308	evidence of the person's qualifications;
309	309	(2) commits fraud or deception in the examination
310	310	process or to obtain a license;
311	311	(3) is chronically or habitually intoxicated,
312	312	chemically dependent, or addicted to drugs;
313	313	(4) engages in dishonest or illegal practices in, or
314	314	connected with, the practice of veterinary medicine or the practice
315	315	of equine dentistry;
316	316	(5) is convicted of a felony under the laws of this
317	317	state, another state, or the United States;
318	318	(6) engages in practices or conduct that violates the
319	319	board's rules of professional conduct;
320	320	(7) permits another to use the person's license to
321	321	practice veterinary medicine or to practice equine dentistry in
322	322	this state;
323	323	(8) fraudulently issues a health certificate,
324	324	vaccination certificate, test chart, or other form used in the
325	325	practice of veterinary medicine or the practice of equine dentistry
326	326	that relates to the presence or absence of animal disease;
327	327	(9) issues a false certificate relating to the sale
328	328	for human consumption of inedible animal products;
329	329	(10) commits fraud in connection with the application
330	330	or reporting of a test of animal disease;
331	331	(11) pays or receives a kickback, rebate, bonus, or
332	332	other remuneration for treating an animal or for referring a client
333	333	to another provider of veterinary or equine dental services or
334	334	goods;
335	335	(12) performs or prescribes unnecessary or
336	336	unauthorized treatment;
337	337	(13) orders a prescription drug or controlled
338	338	substance for the treatment of an animal without first establishing
339	339	a veterinarian-client-patient relationship;
340	340	(14) refuses to admit a board representative to
341	341	inspect the person's client and patient records and business
342	342	premises during regular business hours;
343	343	(15) fails to keep the person's equipment and business
344	344	premises in a sanitary condition;
345	345	(16) commits gross malpractice or a pattern of acts
346	346	that indicate consistent malpractice, negligence, or incompetence
347	347	in the practice of veterinary medicine or the practice of equine
348	348	dentistry;
349	349	(17) is subject to disciplinary action in another
350	350	jurisdiction, including the suspension, probation, or revocation
351	351	of a license to practice veterinary medicine or to practice equine
352	352	dentistry issued by another jurisdiction;
353	353	(18) is convicted for an offense under Section 42.09,
354	354	42.091, or 42.092, Penal Code;
355	355	(19) represents the person as a veterinarian without a
356	356	license issued under this chapter;
357	357	(20) practices veterinary medicine or assists in the
358	358	practice of veterinary medicine without a license issued under this
359	359	chapter; [or]
360	360	(21) violates Section 801.353 or a rule adopted by the
361	361	board related to confidentiality;
362	362	(22) violates Section 801.3591 or a joint rule adopted
363	363	under that section; or
364	364	(23) violates Section 801.3592.
365	365	SECTION 18. The heading to Section 801.407, Occupations
366	366	Code, is amended to read as follows:
367	367	Sec. 801.407. RIGHT TO HEARING [; SCHEDULE OF SANCTIONS].
368	368	SECTION 19. Section 801.407(c), Occupations Code, is
369	369	amended to read as follows:
370	370	(c) The State Office of Administrative Hearings shall use
371	371	the schedule of sanctions under Section 801.411 [adopted by board
372	372	rule] for any sanction imposed as the result of a hearing conducted
373	373	by that office.
374	374	SECTION 20. Subchapter I, Chapter 801, Occupations Code, is
375	375	amended by adding Section 801.411 to read as follows:
376	376	Sec. 801.411. SCHEDULE OF SANCTIONS. (a) The board by rule
377	377	shall adopt a schedule of penalties, disciplinary actions, and
378	378	other sanctions that the board may impose under this chapter.
379	379	(b) In adopting the schedule of sanctions under Subsection
380	380	(a), the board shall ensure that the severity of the sanction
381	381	imposed is appropriate to the type of violation or conduct that is
382	382	the basis for disciplinary action. The schedule must provide that
383	383	the type of disciplinary action or other sanction and the amount of
384	384	a penalty imposed under this chapter must be based on:
385	385	(1) the seriousness of the violation, including:
386	386	(A) the nature, circumstances, extent, and
387	387	gravity of any prohibited act; and
388	388	(B) the hazard or potential hazard created to the
389	389	health, safety, or economic welfare of the public;
390	390	(2) the economic harm to property or the environment
391	391	caused by the violation;
392	392	(3) the history of previous violations;
393	393	(4) the amount of penalty or type of disciplinary
394	394	action or sanction necessary to deter a future violation;
395	395	(5) efforts to correct the violation; and
396	396	(6) any other matter that justice may require.
397	397	SECTION 21. Sections 801.452(b) and (c), Occupations Code,
398	398	are amended to read as follows:
399	399	(b) The amount of the penalty shall be based on the schedule
400	400	of sanctions adopted under Section 801.411 [:
401	401	[(1) the seriousness of the violation, including:
402	402	[(A) the nature, circumstances, extent, and
403	403	gravity of any prohibited act; and
404	404	[(B) the hazard or potential hazard created to
405	405	the health, safety, or economic welfare of the public;
406	406	[(2) the economic harm to property or the environment
407	407	caused by the violation;
408	408	[(3) the history of previous violations;
409	409	[(4) the amount necessary to deter a future violation;
410	410	[(5) efforts to correct the violation; and
411	411	[(6) any other matter that justice may require].
412	412	(c) A committee described by Section 801.408(c) or (d) shall
413	413	recommend the amount of the administrative penalty based on the
414	414	schedule of sanctions adopted under Section 801.411 [a standardized
415	415	penalty schedule. The board by rule shall develop the standardized
416	416	penalty schedule based on the criteria listed in Subsection (b)].
417	417	SECTION 22. Subchapter K, Chapter 801, Occupations Code, is
418	418	amended by adding Section 801.5011 to read as follows:
419	419	Sec. 801.5011. MONITORING HARMFUL PRESCRIBING AND
420	420	DISPENSING PATTERNS. (a) The board shall periodically check the
421	421	prescribing and dispensing information submitted to the Texas State
422	422	Board of Pharmacy as authorized by Section 481.076(a)(1), Health
423	423	and Safety Code, to determine whether a veterinarian is engaging in
424	424	potentially harmful prescribing or dispensing patterns or
425	425	practices.
426	426	(b) The board, in coordination with the Texas State Board of
427	427	Pharmacy, shall determine the conduct that constitutes a
428	428	potentially harmful prescribing or dispensing pattern or practice
429	429	for purposes of Subsection (a). In determining the conduct that
430	430	constitutes a potentially harmful prescribing or dispensing
431	431	pattern or practice, the board, at a minimum, shall consider:
432	432	(1) the number of times a veterinarian prescribes or
433	433	dispenses a drug listed in Section 801.3592(b); and
434	434	(2) for prescriptions and dispensations described by
435	435	Subdivision (1), patterns of prescribing or dispensing
436	436	combinations of those drugs and other dangerous combinations of
437	437	drugs identified by the board.
438	438	(c) If the board suspects that a veterinarian may be
439	439	engaging in potentially harmful prescribing or dispensing patterns
440	440	or practices, the board may notify the veterinarian of the
441	441	potentially harmful prescribing or dispensing pattern or practice.
442	442	(d) The board may initiate a complaint against a
443	443	veterinarian based on information obtained under this section.
444	444	SECTION 23. (a) For purposes of Section 801.003,
445	445	Occupations Code, as amended by this Act, the Sunset Advisory
446	446	Commission shall conduct a special-purpose review of the State
447	447	Board of Veterinary Medical Examiners for the 87th Legislature.
448	448	(b) In conducting the special-purpose review under this
449	449	section:
450	450	(1) the Sunset Advisory Commission staff evaluation
451	451	and report must be limited to reviewing the effectiveness of
452	452	recommendations made by the Sunset Advisory Commission to the 85th
453	453	Legislature; and
454	454	(2) the Sunset Advisory Commission's recommendations
455	455	to the 87th Legislature may include any recommendation the
456	456	commission considers appropriate based on the special-purpose
457	457	review.
458	458	SECTION 24. (a) The terms of office of the members of the
459	459	State Board of Veterinary Medical Examiners expire September 1,
460	460	2017.
461	461	(b) As soon as practicable on or after September 1, 2017,
462	462	the governor shall appoint to the State Board of Veterinary Medical
463	463	Examiners:
464	464	(1) one member described by Section 801.051(a)(1), one
465	465	member described by Section 801.051(a)(2), and one member described
466	466	by Section 801.051(a)(3), Occupations Code, as amended by this Act,
467	467	to terms expiring February 1, 2019;
468	468	(2) two members described by Section 801.051(a)(1) and
469	469	one member described by Section 801.051(a)(3), Occupations Code, as
470	470	amended by this Act, to terms expiring February 1, 2021; and
471	471	(3) two members described by Section 801.051(a)(1) and
472	472	one member described by Section 801.051(a)(3), Occupations Code, as
473	473	amended by this Act, to terms expiring February 1, 2023.
474	474	(c) A person who was appointed to the State Board of
475	475	Veterinary Medical Examiners on or before January 1, 2016, is not
476	476	eligible for appointment under Subsection (b) of this section.
477	477	(d) Notwithstanding Subsection (a) of this section, the
478	478	members of the State Board of Veterinary Medical Examiners holding
479	479	office on August 31, 2017, shall continue to perform the duties of
480	480	their offices until the first date on which at least five members
481	481	appointed under Subsection (b) of this section have completed the
482	482	training program under Section 801.057, Occupations Code, as
483	483	amended by this Act.
484	484	SECTION 25. (a) Except as provided by Subsection (b) of this
485	485	section, Section 801.057, Occupations Code, as amended by this Act,
486	486	applies to a member of the State Board of Veterinary Medical
487	487	Examiners appointed before, on, or after the effective date of this
488	488	Act.
489	489	(b) A member of the State Board of Veterinary Medical
490	490	Examiners who, before the effective date of this Act, completed the
491	491	training program required by Section 801.057, Occupations Code, as
492	492	that law existed before the effective date of this Act, is only
493	493	required to complete additional training on the subjects added by
494	494	this Act to the training program required by Section 801.057,
495	495	Occupations Code. A board member described by this subsection may
496	496	not vote, deliberate, or be counted as a member in attendance at a
497	497	meeting of the board held on or after December 1, 2017, until the
498	498	member completes the additional training.
499	499	SECTION 26. (a) The following changes in law apply only to a
500	500	complaint filed with the State Board of Veterinary Medical
501	501	Examiners on or after the effective date of this Act:
502	502	(1) Section 801.205, Occupations Code, as amended by
503	503	this Act;
504	504	(2) Section 801.2055, Occupations Code, as amended by
505	505	this Act;
506	506	(3) Section 801.207(b), Occupations Code, as amended
507	507	by this Act, and Section 801.207(c), Occupations Code, as added by
508	508	this Act;
509	509	(4) Section 801.208, Occupations Code, as added by
510	510	this Act; and
511	511	(5) Section 801.209, Occupations Code, as added by
512	512	this Act.
513	513	(b) A complaint filed before the effective date of this Act
514	514	is governed by the law in effect on the date the complaint was
515	515	filed, and the former law is continued in effect for that purpose.
516	516	SECTION 27. Sections 801.267 and 801.309, Occupations Code,
517	517	as added by this Act, apply only to an application for the issuance
518	518	or renewal of a license submitted to the State Board of Veterinary
519	519	Medical Examiners on or after the effective date of this Act. An
520	520	application submitted before the effective date of this Act is
521	521	governed by the law in effect on the date the application was
522	522	submitted, and the former law is continued in effect for that
523	523	purpose.
524	524	SECTION 28. As soon as practicable after this Act has become
525	525	law for purposes of Section 2001.006, Government Code, the State
526	526	Board of Veterinary Medical Examiners and the Texas State Board of
527	527	Pharmacy shall jointly adopt rules under Section 801.3591,
528	528	Occupations Code, as added by this Act.
529	529	SECTION 29. Sections 801.407(c), 801.452(b), and
530	530	801.452(c), Occupations Code, as amended by this Act, and Section
531	531	801.411, Occupations Code, as added by this Act, apply only to
532	532	conduct that occurs on or after the date that rules under Section
533	533	801.411 become effective. Conduct that occurs before that date is
534	534	governed by the law in effect immediately before the effective date
535	535	of this Act, and the former law is continued in effect for that
536	536	purpose.
537	537	SECTION 30. (a) Except as otherwise provided by Subsection
538	538	(b) of this section, this Act takes effect September 1, 2017.
539	539	(b) Sections 801.3592 and 801.402(23), Occupations Code, as
540	540	added by this Act, take effect September 1, 2018.