Texas 2017 - 85th Regular

Texas House Bill HB4057 Compare Versions

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

Old	New	Differences
1	1	85R4360 BEF-F
2	2	By: Cyrier H.B. No. 4057
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the practice of veterinary medicine and the medical
8	8	treatment and care of animals in animal shelters and releasing
9	9	agencies; expanding the applicability of an occupational license.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 801.002, Occupations Code, is amended by
12	12	amending Subdivisions (1) and (1-a) and adding Subdivisions (1-b),
13	13	(5-a), and (5-b) to read as follows:
14	14	(1) "Animal shelter" has the meaning assigned by
15	15	Section 823.001, Health and Safety Code.
16	16	(1-a) "Board" means the State Board of Veterinary
17	17	Medical Examiners.
18	18	(1-b) [(1-a)] "Certified veterinary assistant" means
19	19	a person who has been certified as a certified veterinary assistant
20	20	by the Texas Veterinary Medical Association and is employed by a
21	21	licensed veterinarian.
22	22	(5-a) "Releasing agency" has the meaning assigned by
23	23	Section 828.001, Health and Safety Code.
24	24	(5-b) "Shelter veterinarian" means a veterinarian who
25	25	works for or in an animal shelter or a releasing agency, regardless
26	26	of whether the veterinarian receives compensation.
27	27	SECTION 2. Section 801.004, Occupations Code, is amended to
28	28	read as follows:
29	29	Sec. 801.004. APPLICATION OF CHAPTER. (a) Except as
30	30	provided by Subsection (b) and Section 801.005, this [This] chapter
31	31	does not apply to:
32	32	(1) the treatment or care of an animal in any manner by
33	33	the owner of the animal, an employee of the owner, or a designated
34	34	caretaker of the animal, unless the ownership, employment, or
35	35	designation is established with the intent to violate this chapter;
36	36	(2) a person who performs an act prescribed by the
37	37	board as an accepted livestock management practice, including:
38	38	(A) castrating a male animal raised for human
39	39	consumption;
40	40	(B) docking or earmarking an animal raised for
41	41	human consumption;
42	42	(C) dehorning cattle;
43	43	(D) aiding in the nonsurgical birth process of a
44	44	large animal, as defined by board rule;
45	45	(E) treating an animal for disease prevention
46	46	with a nonprescription medicine or vaccine;
47	47	(F) branding or identifying an animal in any
48	48	manner;
49	49	(G) artificially inseminating an animal,
50	50	including training, inseminating, and compensating for services
51	51	related to artificial insemination; and
52	52	(H) shoeing a horse;
53	53	(3) the performance of a cosmetic or production
54	54	technique to reduce injury in poultry intended for human
55	55	consumption;
56	56	(4) the performance of a duty by a veterinarian's
57	57	employee if:
58	58	(A) the duty involves food production animals;
59	59	(B) the duty does not involve diagnosis,
60	60	prescription, or surgery;
61	61	(C) the employee is under the direction and
62	62	general supervision of the veterinarian; and
63	63	(D) the veterinarian is responsible for the
64	64	employee's performance;
65	65	(5) the performance of an act by a person who is a
66	66	full-time student of an accredited college of veterinary medicine
67	67	if the act is performed under the direct supervision of a
68	68	veterinarian;
69	69	(6) [an animal shelter employee who performs
70	70	euthanasia in the course and scope of the person's employment if the
71	71	person has successfully completed training in accordance with
72	72	Chapter 829, Health and Safety Code;
73	73	[(7)] a person who is engaged in a recognized
74	74	state-federal cooperative disease eradication or control program
75	75	or an external parasite control program while the person is
76	76	performing official duties required by the program;
77	77	(7) [(8)] a person who, without expectation of
78	78	compensation, provides emergency care in an emergency or disaster;
79	79	or
80	80	(8) [(9)] a consultation given to a veterinarian in
81	81	this state by a person who:
82	82	(A) resides in another state; and
83	83	(B) is lawfully qualified to practice veterinary
84	84	medicine under the laws of that state.
85	85	(b) This chapter applies to an activity described by
86	86	Subsection (a) when performed by a person who holds a license issued
87	87	under this chapter.
88	88	SECTION 3. Subchapter A, Chapter 801, Occupations Code, is
89	89	amended by adding Section 801.005 to read as follows:
90	90	Sec. 801.005. APPLICATION OF CHAPTER TO ANIMAL SHELTERS AND
91	91	RELEASING AGENCIES. (a) Except as otherwise provided by this
92	92	section, this chapter applies to the practice of veterinary
93	93	medicine, including an activity described by Section 801.004, when
94	94	performed:
95	95	(1) in an animal shelter or releasing agency; or
96	96	(2) on an animal for which an animal shelter,
97	97	releasing agency, or shelter veterinarian:
98	98	(A) is the owner or designated caretaker; or
99	99	(B) has possession, custody, or control.
100	100	(b) After an animal shelter or releasing agency takes
101	101	possession and has custody or control of an animal, an agent,
102	102	employee, or volunteer of the shelter or agency may administer:
103	103	(1) a nonprescription drug to the animal; or
104	104	(2) a prescription vaccine or drug, other than rabies
105	105	vaccine or a controlled substance, to the animal if the vaccine or
106	106	drug is:
107	107	(A) necessary to prevent the animal's death or
108	108	alleviate the animal's pain or suffering;
109	109	(B) necessary to prevent or control a
110	110	communicable disease or internal or external parasite; or
111	111	(C) administered at the direction of a
112	112	veterinarian or under the guidance of a protocol developed in
113	113	accordance with Section 801.365(b).
114	114	(c) A nonsurgical sterilization or any surgery performed in
115	115	or on behalf of an animal shelter or releasing agency must be
116	116	performed by:
117	117	(1) a veterinarian; or
118	118	(2) a full-time student of an accredited college of
119	119	veterinary medicine under the direct supervision of a veterinarian.
120	120	(d) This chapter does not apply to an animal shelter
121	121	employee who euthanizes an animal in the course and scope of the
122	122	person's employment if the person has successfully completed
123	123	training in accordance with Section 821.055, Health and Safety
124	124	Code.
125	125	(e) This chapter may not be construed to prevent an agent,
126	126	employee, or volunteer of an animal shelter or releasing agency
127	127	from providing emergency care to an animal or preventing an
128	128	animal's pain or suffering.
129	129	SECTION 4. Subchapter H, Chapter 801, Occupations Code, is
130	130	amended by adding Section 801.365 to read as follows:
131	131	Sec. 801.365. PRACTICE BY SHELTER VETERINARIAN. (a)
132	132	Notwithstanding any other law, after an animal shelter or releasing
133	133	agency takes possession of an animal, a veterinarian may:
134	134	(1) perform a surgical or nonsurgical sterilization of
135	135	a dog or cat:
136	136	(A) that shows no evidence of ownership;
137	137	(B) whose owner surrendered the animal; or
138	138	(C) whose owner has not claimed the animal from
139	139	the animal shelter or releasing agency if the hold period
140	140	prescribed by local law has expired;
141	141	(2) administer or prescribe a vaccine or drug to the
142	142	animal; or
143	143	(3) provide any other treatment that the veterinarian
144	144	reasonably believes will promote the animal's health and welfare or
145	145	alleviate the animal's pain, suffering, or discomfort.
146	146	(b) A shelter veterinarian who complies with Section
147	147	801.351 by making medically appropriate and timely visits to the
148	148	premises of an animal shelter or releasing agency may, in
149	149	consultation with the animal shelter or releasing agency, develop a
150	150	written animal care and treatment protocol for use by agents,
151	151	employees, and volunteers of the animal shelter or releasing agency
152	152	who do not hold a license under this chapter. A protocol under this
153	153	section:
154	154	(1) may provide guidance on the administration of
155	155	vaccines or drugs, other than rabies vaccine and controlled
156	156	substances, necessary to:
157	157	(A) prevent or control a communicable disease;
158	158	(B) prevent or control an internal or external
159	159	parasite;
160	160	(C) prevent an animal's death; or
161	161	(D) alleviate an animal's pain, suffering, or
162	162	discomfort; and
163	163	(2) may not provide guidance on the administration of
164	164	rabies vaccine or a controlled substance.
165	165	(c) A shelter veterinarian shall develop and maintain a
166	166	paper or electronic recordkeeping system to keep complete and
167	167	accurate medical records regarding the treatment provided to each
168	168	animal under the veterinarian's care in an animal shelter or
169	169	releasing agency. The records may be maintained in a daily log or
170	170	in billing records, provided the information entered is adequate to
171	171	substantiate the identification of the animal treated and the
172	172	medical care provided. An employee or volunteer at an animal
173	173	shelter or a releasing agency who does not hold a license under this
174	174	chapter, acting under the supervision or protocol of a
175	175	veterinarian, may contribute to the records under this subsection.
176	176	(d) A shelter veterinarian is only responsible for:
177	177	(1) the veterinarian's direct actions; or
178	178	(2) actions taken by a person acting at the
179	179	veterinarian's specific direction or under the veterinarian's
180	180	direct and immediate supervision.
181	181	SECTION 5. Chapter 801, Occupations Code, is amended by
182	182	adding Subchapter M to read as follows:
183	183	SUBCHAPTER M. SHELTER VETERINARIAN ADVISORY COMMITTEE
184	184	Sec. 801.601. SHELTER VETERINARIAN ADVISORY COMMITTEE. (a)
185	185	The shelter veterinarian advisory committee is an informal advisory
186	186	committee to the board and is not subject to Chapter 2110,
187	187	Government Code.
188	188	(b) The board shall consult the advisory committee
189	189	regarding matters relating to a disciplinary action that involves a
190	190	shelter veterinarian.
191	191	Sec. 801.602. APPOINTMENT OF ADVISORY COMMITTEE. The
192	192	shelter veterinarian advisory committee is composed of three
193	193	members appointed by the presiding officer of the board as follows:
194	194	(1) two members who are shelter veterinarians licensed
195	195	by the board, have practiced animal shelter veterinary medicine for
196	196	the five years preceding the date of appointment, and are of good
197	197	repute; and
198	198	(2) one member, who is not required to be a
199	199	veterinarian, who currently serves as a director or is involved in
200	200	the management of an animal shelter.
201	201	Sec. 801.603. TERMS; VACANCY. (a) Members of the shelter
202	202	veterinarian advisory committee are appointed for staggered
203	203	six-year terms. The term of one member expires on February 1 of
204	204	each odd-numbered year.
205	205	(b) If a vacancy occurs during a member's term, the
206	206	presiding officer of the board shall appoint a new member to fill
207	207	the unexpired term.
208	208	(c) An advisory committee member may not serve more than two
209	209	consecutive full terms.
210	210	Sec. 801.604. GROUNDS FOR REMOVAL. It is a ground for
211	211	removal from the shelter veterinarian advisory committee that a
212	212	member:
213	213	(1) does not have at the time of appointment the
214	214	qualifications required by Section 801.602;
215	215	(2) does not maintain during service on the advisory
216	216	committee the qualifications required by Section 801.602; or
217	217	(3) cannot, because of illness or disability,
218	218	discharge the member's duties for a substantial part of the member's
219	219	term.
220	220	Sec. 801.605. OFFICERS. The presiding officer of the board
221	221	shall designate biennially a shelter veterinarian advisory
222	222	committee member as the presiding officer of the advisory committee
223	223	to serve in that capacity at the will of the presiding officer of
224	224	the board.
225	225	Sec. 801.606. REIMBURSEMENT; COMPENSATION. A shelter
226	226	veterinarian advisory committee member is not entitled to
227	227	reimbursement for travel expenses or compensation.
228	228	Sec. 801.607. MEETINGS. (a) The shelter veterinarian
229	229	advisory committee shall meet at the call of the presiding officer
230	230	of the board.
231	231	(b) A meeting may be held by telephone conference call.
232	232	SECTION 6. Section 801.004, Occupations Code, as amended by
233	233	this Act, and Sections 801.005 and 801.365, Occupations Code, as
234	234	added by this Act, apply only to conduct that occurs on or after the
235	235	effective date of this Act. Conduct that occurs before the
236	236	effective date of this Act is governed by the law in effect when the
237	237	conduct occurs, and the former law is continued in effect for that
238	238	purpose.
239	239	SECTION 7. As soon as practicable after the effective date
240	240	of this Act, the presiding officer of the State Board of Veterinary
241	241	Medical Examiners shall appoint the members of the shelter
242	242	veterinarian advisory committee.
243	243	SECTION 8. This Act takes effect September 1, 2017.