Texas 2017 - 85th Regular

Texas Senate Bill SB1084 Compare Versions

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

Old	New	Differences
1	1	85R10325 TYPED
2	2	By: Watson S.B. No. 1084
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the medical treatment and care of animals by certain
8	8	persons in animal shelters and releasing agencies.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sec. 823.001, Health and Safety Code, is amended
11	11	by adding a new subsection as follows:
12	12	(5-a) "Releasing agency" has the meaning assigned by
13	13	Section 828.001, Health and Safety Code.
14	14	SECTION 2. Sec. 823.003, Health and Safety Code, is amended
15	15	by adding a new subsection as follows:
16	16	(e-1) Before an animal adoption becomes final, an animal
17	17	shelter or releasing agency must provide the proposed new owner
18	18	with a written history that shows if the animal has been screened or
19	19	tested for diseases and conditions that are common to that species.
20	20	If the animal has been tested, the written history should include
21	21	the dates and results of each test.
22	22	(e-2) The State Board of Veterinary Medical Examiners shall
23	23	promulgate forms that an animal shelter or releasing agency may use
24	24	to comply with subsection (e-1). An animal shelter or releasing
25	25	agency may use an alternative form, so long as it complies with
26	26	subsection (e-1).
27	27	(e-3) Nothing in this section requires an animal shelter or
28	28	releasing agency to provide certain screens or tests.
29	29	SECTION 3. Chapter 823, Health and Safety Code, is amended
30	30	by adding Section 823.004 to read as follows:
31	31	Sec. 823.004. TREATMENT OF ANIMALS ON BEHALF OF ANIMAL
32	32	SHELTERS AND RELEASING AGENCIES. (a) Notwithstanding any other
33	33	law, once an animal shelter or releasing agency takes possession of
34	34	an animal:
35	35	(1) A veterinarian acting on behalf of the animal
36	36	shelter or releasing agency may:
37	37	a. Perform a surgical or nonsurgical
38	38	sterilization of:
39	39	i. A dog or cat that shows no evidence
40	40	of ownership; or
41	41	ii. A dog or cat that is surrendered
42	42	by its owner or whose owner has not claimed the animal within the
43	43	hold period as designed by local law;
44	44	b. Prescribe or administer a vaccine or
45	45	medication for or to the animal; and
46	46	c. Provide any other treatment that the
47	47	veterinarian reasonably believes will promote the health and
48	48	wellbeing of the animal or to alleviate the pain, suffering, or
49	49	discomfort of the animal;
50	50	(2) An unlicensed employee, volunteer, or agent acting
51	51	on behalf of the animal shelter or releasing agency may provide
52	52	nonsurgical veterinary care or treatment to the animal:
53	53	a. Under the authorization and general
54	54	supervision of a veterinarian; or
55	55	b. Pursuant to a protocol approved by a
56	56	veterinarian; and
57	57	(3) Any employee, volunteer, or agent acting on behalf
58	58	of the animal shelter or releasing agency may provide emergency
59	59	veterinary care or treatment to the animal.
60	60	(b) Notwithstanding any other law, a veterinarian who
61	61	provides treatment on behalf of an animal shelter or releasing
62	62	agency may deliver or cause to be delivered a medication to an
63	63	unlicensed employee, volunteer, or agent of an animal shelter or
64	64	releasing agency. The unlicensed employee, volunteer, or agent may
65	65	then administer the medication in keeping with the veterinarian's
66	66	instructions. A veterinarian who delivers or causes to be
67	67	delivered a controlled substance under this section must comply
68	68	with Section 801.359, Occupations Code.
69	69	SECTION 4. Subchapter A, Chapter 801, Occupations Code, is
70	70	amended by adding Section 801.0011 to read as follows:
71	71	Sec. 801.0011. POLICY; CONSTRUCTION. (a) The Legislature
72	72	hereby finds that the public's attitude towards animal shelters and
73	73	releasing agencies has shifted since this chapter was first
74	74	enacted. As a result of this shift, many animal shelters and
75	75	releasing agencies now seek to save the life of as many stray,
76	76	homeless, abandoned, or unwanted animals as possible. The
77	77	Legislature intends to promote this practice.
78	78	(b) This chapter should be construed in favor of licensed
79	79	veterinarians and unlicensed persons who care for stray, homeless,
80	80	abandoned, or unwanted animals that would be killed but for their
81	81	care so long as they are acting with a good faith intent to save
82	82	animals' lives and with reasonable consideration of animals' pain.
83	83	SECTION 5. Sec. 801.002, Occupations Code, is amended by
84	84	adding subsections (0), (5-a), and (5-b) to read as follows:
85	85	(0) "Animal shelter" has the meaning assigned by
86	86	Section 823.001, Health and Safety Code;
87	87	(5-a) "Releasing agency" has the meaning assigned by
88	88	Section 828.001, Health and Safety Code;
89	89	(5-b) "Safety net shelter" means an animal shelter
90	90	that:
91	91	(A) Accepts animals without regard to their breed
92	92	or size;
93	93	(B) Attempts to rehome or provide hospice care to
94	94	all of the animals it receives; and
95	95	(C) During its latest full calendar year,
96	96	satisfied the no-kill benchmarks in Section 801.0021.
97	97	SECTION 6. Subchapter A, Chapter 801, Occupations Code, is
98	98	amended by adding Section 801.0021 to read as follows:
99	99	Sec. 801.0021. NO-KILL BENCHMARKS. (a) To satisfy the
100	100	no-kill benchmarks, an animal shelter must first declare its intent
101	101	to satisfy the no-kill benchmarks in writing to the department.
102	102	(b) During the first two years after an animal shelter
103	103	declares its intent under subsection (a), an animal shelter
104	104	satisfies the no-kill benchmarks if it euthanizes 30% or less of the
105	105	animals it takes ownership of in a year.
106	106	(b) During the third and fourth years after an animal
107	107	shelter declares its intent under subsection (a), an animal shelter
108	108	satisfies the no-kill benchmarks if it euthanizes 20% or less of the
109	109	animals it takes ownership of in a year.
110	110	(c) Beginning on the four-year anniversary of the date the
111	111	animal shelter declared its intent under subsection(a), an animal
112	112	shelter satisfies the no-kill benchmarks if it euthanizes 15% or
113	113	less of the animals it takes ownership of in a year.
114	114	SECTION 7. Sec. 801.004, Occupations Code, is amended to
115	115	read as follows:
116	116	Sec. 801.004. APPLICATION OF CHAPTER. (a)Except as
117	117	provided by Section 801.4021, this chapter does not apply to:
118	118	(1) the treatment or care of an animal in any manner by
119	119	the owner of the animal, an employee of the owner, or a designated
120	120	caretaker of the animal, unless the ownership, employment, or
121	121	designation is established with the intent to violate this chapter;
122	122	(2) a person who performs an act prescribed by the
123	123	board as an accepted livestock management practice, including:
124	124	(A) castrating a male animal raised for human
125	125	consumption;
126	126	(B) docking or earmarking an animal raised for
127	127	human consumption;
128	128	(C) dehorning cattle;
129	129	(D) aiding in the nonsurgical birth process of a
130	130	large animal, as defined by board rule;
131	131	(E) treating an animal for disease prevention
132	132	with a nonprescription medicine or vaccine;
133	133	(F) branding or identifying an animal in any
134	134	manner;
135	135	(G) artificially inseminating an animal,
136	136	including training, inseminating, and compensating for services
137	137	related to artificial insemination; and
138	138	(H) shoeing a horse;
139	139	(3) the performance of a cosmetic or production
140	140	technique to reduce injury in poultry intended for human
141	141	consumption;
142	142	(4) the performance of a duty by a veterinarian's
143	143	employee if:
144	144	(A) the duty involves food production animals;
145	145	(B) the duty does not involve diagnosis,
146	146	prescription, or surgery;
147	147	(C) the employee is under the direction and
148	148	general supervision of the veterinarian; and
149	149	(D) the veterinarian is responsible for the
150	150	employee's performance;
151	151	(5) the performance of an act by a person who is a
152	152	full-time student of an accredited college of veterinary medicine
153	153	if the act is performed under the direct supervision of a
154	154	veterinarian;
155	155	(6) an animal shelter employee who performs euthanasia
156	156	in the course and scope of the person's employment if the person has
157	157	successfully completed training in accordance with Chapter 829,
158	158	Health and Safety Code;
159	159	(7) a person who is engaged in a recognized
160	160	state-federal cooperative disease eradication or control program
161	161	or an external parasite control program while the person is
162	162	performing official duties required by the program;
163	163	(8) a person who, without expectation of compensation,
164	164	provides emergency care in an emergency or disaster; or
165	165	(9) a consultation given to a veterinarian in this
166	166	state by a person who:
167	167	(A) resides in another state; and
168	168	(B) is lawfully qualified to practice veterinary
169	169	medicine under the laws of that state.
170	170	SECTION 8. Section 801.351, Occupations Code, is amended by
171	171	adding a new subsection as follows:
172	172	(d) This section does not apply to a person who provides
173	173	treatment on behalf of an animal shelter or releasing agency.
174	174	SECTION 9. Section 801.359, Occupations Code, is amended as
175	175	follows:
176	176	Sec. 801.359. [CONTROLLED SUBSTANCES RECORDS]
177	177	RECORDKEEPING REQUIREMENTS. (a) The board shall require each
178	178	veterinarian to maintain a recordkeeping system for controlled
179	179	substances as required by Chapter 481, Health and Safety Code.
180	180	(b) The records required to be maintained under subsection
181	181	(a) are subject to review by a law enforcement agency or board
182	182	representative.
183	183	(c) The records required to be maintained under subsection
184	184	(a) may be maintained in a daily log, or in billing records,
185	185	provided that the treatment information that is entered is adequate
186	186	to substantiate the identification of the animals treated and the
187	187	medical care provided. Animal shelter or releasing agency
188	188	employees, volunteers, or agents who are not veterinarians but who
189	189	act under the general supervision or protocol of a veterinarian may
190	190	contribute to the records.
191	191	SECTION 10. Sec. 801.402, Occupations Code, is amended to
192	192	read as follows:
193	193	Sec. 801.402. GENERAL GROUNDS FOR LICENSE DENIAL OR
194	194	DISCIPLINARY ACTION. Except as provided by Section 801.4021, a
195	195	person is subject to denial of a license or to disciplinary action
196	196	under Section 801.401 if the person:
197	197	(1) presents to the board dishonest or fraudulent
198	198	evidence of the person's qualifications;
199	199	(2) commits fraud or deception in the examination
200	200	process or to obtain a license;
201	201	(3) is chronically or habitually intoxicated,
202	202	chemically dependent, or addicted to drugs;
203	203	(4) engages in dishonest or illegal practices in, or
204	204	connected with, the practice of veterinary medicine or the practice
205	205	of equine dentistry;
206	206	(5) is convicted of a felony under the laws of this
207	207	state, another state, or the United States;
208	208	(6) engages in practices or conduct that violates the
209	209	board's rules of professional conduct;
210	210	(7) permits another to use the person's license to
211	211	practice veterinary medicine or to practice equine dentistry in
212	212	this state;
213	213	(8) fraudulently issues a health certificate,
214	214	vaccination certificate, test chart, or other form used in the
215	215	practice of veterinary medicine or the practice of equine dentistry
216	216	that relates to the presence or absence of animal disease;
217	217	(9) issues a false certificate relating to the sale
218	218	for human consumption of inedible animal products;
219	219	(10) commits fraud in connection with the application
220	220	or reporting of a test of animal disease;
221	221	(11) pays or receives a kickback, rebate, bonus, or
222	222	other remuneration for treating an animal or for referring a client
223	223	to another provider of veterinary or equine dental services or
224	224	goods;
225	225	(12) performs or prescribes unnecessary or
226	226	unauthorized treatment;
227	227	(13) orders a prescription drug or controlled
228	228	substance for the treatment of an animal without first establishing
229	229	a veterinarian-client-patient relationship;
230	230	(14) refuses to admit a board representative to
231	231	inspect the person's client and patient records and business
232	232	premises during regular business hours;
233	233	(15) fails to keep the person's equipment and business
234	234	premises in a sanitary condition;
235	235	(16) commits gross malpractice or a pattern of acts
236	236	that indicate consistent malpractice, negligence, or incompetence
237	237	in the practice of veterinary medicine or the practice of equine
238	238	dentistry;
239	239	(17) is subject to disciplinary action in another
240	240	jurisdiction, including the suspension, probation, or revocation
241	241	of a license to practice veterinary medicine or to practice equine
242	242	dentistry issued by another jurisdiction;
243	243	(18) is convicted for an offense under Section 42.09,
244	244	42.091, or 42.092, Penal Code;
245	245	(19) represents the person as a veterinarian without a
246	246	license issued under this chapter;
247	247	(20) practices veterinary medicine or assists in the
248	248	practice of veterinary medicine without a license issued under this
249	249	chapter; or
250	250	(21) violates Section 801.353 or a rule adopted by the
251	251	board related to confidentiality.
252	252	SECTION 11. Subchapter I, Chapter 801, Occupations Code, is
253	253	amended by adding Section 801.4021 to read as follows:
254	254	Sec. 801.4021. DISCIPLINE FOR TREATMENT OR CARE PERFORMED
255	255	ON BEHALF OF AN ANIMAL SHELTER OR RELEASING AGENCY. (a)
256	256	Notwithstanding any other law, the board may not deny a license or
257	257	take disciplinary action against an unlicensed person for providing
258	258	treatment or care in accordance with Section 823.004, Health and
259	259	Safety Code.
260	260	(b) The board may not deny a license or take disciplinary
261	261	action against a veterinarian for providing treatment or care to an
262	262	animal on behalf of an animal shelter or releasing agency unless the
263	263	veterinarian acted without regard for the animal's health or safety
264	264	or intended to cause the animal pain.
265	265	(c) It is an affirmative defense to an action under
266	266	subsection (b) that the veterinarian:
267	267	(i) provided the treatment or care in
268	268	question on behalf of a safety net shelter;
269	269	(ii) had a reasonable belief that the
270	270	treatment or care provided would enable the animal to survive an
271	271	illness or injury; and
272	272	(iii) gave reasonable consideration to the
273	273	animal's pain.
274	274	(d) In making a determination under subsection (b) or (c),
275	275	the board
276	276	(i) may not rely solely on:
277	277	(A) allegations made by a person who
278	278	lacks personal knowledge of the underlying events; or
279	279	(B) the fact that the treatment or
280	280	care provided is new, innovative, low-cost, or results in the
281	281	animal's death; and
282	282	(ii) shall consider:
283	283	(A) the policy statement in Section
284	284	801.0011;
285	285	(B) the veterinarian's intent; and
286	286	(C) the size, sophistication, and
287	287	fiscal constraints of the animal shelter or releasing agency.
288	288	(e) Notwithstanding any other law, a veterinarian or
289	289	unlicensed person working on behalf of an animal shelter or
290	290	releasing agency is not liable for a violation of this chapter or
291	291	any applicable rules unless the violation is committed by:
292	292	(i) the veterinarian or unlicensed person;
293	293	or
294	294	(ii) a person under the direct or immediate
295	295	supervision of the veterinarian or unlicensed person.
296	296	SECTION 12. Section 801.410, Occupations Code, is amended
297	297	to read as follows:
298	298	Sec. 801.410. VENUE AND STANDARD OF REVIEW FOR APPEALS. An
299	299	appeal of an action of the board must be filed in a district court in
300	300	Travis County and is reviewed by trial de novo.
301	301	SECTION 13. This Act takes effect September 1, 2017.