By: Watson, et al. S.B. No. 319
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the State Board of
Veterinary Medical Examiners; authorizing a reduction in fees;
providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 801.003, Occupations Code, is amended to
read as follows:
Sec. 801.003. APPLICATION OF SUNSET ACT. The State Board of
Veterinary Medical Examiners is subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as provided
by that chapter, the board is abolished and this chapter expires
September 1, 2021 [2017].
SECTION 2. Section 801.051(a), Occupations Code, is amended
to read as follows:
(a) The State Board of Veterinary Medical Examiners
consists of nine members appointed by the governor with the advice
and consent of the senate as follows:
(1) five [six] veterinarian members, including:
(A) one veterinarian member who is associated
with an animal shelter; and
(B) one veterinarian member who has at least
three years of experience practicing veterinary medicine in this
state on horses, livestock, or other large animals; [and]
(2) one licensed veterinary technician member; and
(3) three members who represent the public.
SECTION 3. Section 801.057, Occupations Code, is amended by
amending Subsection (b) and adding Subsection (d) to read as
follows:
(b) The training program must provide the person with
information regarding:
(1) the law governing board operations;
(2) the [legislation that created the board and the
board's] programs, functions, rules, and budget of the board;
(3) the scope of and limitations on the rulemaking
authority of the board;
(4) the types of board rules, interpretations, and
enforcement actions that may implicate federal antitrust law by
limiting competition or impacting prices charged by persons engaged
in a profession or business the board regulates, including rules,
interpretations, and enforcement actions that:
(A) regulate the scope of practice of persons in
a profession or business the board regulates;
(B) restrict advertising by persons in a
profession or business the board regulates;
(C) affect the price of goods or services
provided by persons in a profession or business the board
regulates; or
(D) restrict participation in a profession or
business the board regulates;
(5) [(2)] the results of the most recent formal audit
of the board;
(6) [(3)] the requirements of:
(A) laws relating to open meetings, public
information, administrative procedure, and disclosing conflicts of
interest; and
(B) other laws applicable to members of the board
in performing their duties; and
(7) [(4)] any applicable ethics policies adopted by
the board or the Texas Ethics Commission.
(d) The executive director of the board shall create a
training manual that includes the information required by
Subsection (b). The executive director shall distribute a copy of
the training manual annually to each board member. On receipt of
the training manual, each board member shall sign and submit to the
executive director a statement acknowledging receipt of the
training manual.
SECTION 4. Section 801.154, Occupations Code, is amended to
read as follows:
Sec. 801.154. FEES. [(a)] The board by rule shall set fees
in amounts that are reasonable and necessary so that the fees, in
the aggregate, cover the costs of administering this chapter. [The
board may not set a fee that existed on September 1, 1993, in an
amount that is less than the fee on that date.]
SECTION 5. Subchapter D, Chapter 801, Occupations Code, is
amended by adding Section 801.164 to read as follows:
Sec. 801.164. RISK-BASED INSPECTIONS RELATED TO CONTROLLED
SUBSTANCES PRACTICES. The board may conduct a risk-based
inspection of a veterinarian's practice based on information
obtained from the veterinarian or another source concerning the
veterinarian's use, handling, prescribing, dispensing, or delivery
of controlled substances.
SECTION 6. Section 801.205, Occupations Code, is amended to
read as follows:
Sec. 801.205. GENERAL RULES REGARDING COMPLAINT
INVESTIGATION AND DISPOSITION. The board shall adopt rules
relating to the investigation of complaints filed with the board.
The rules must:
(1) distinguish between categories of complaints;
(2) ensure that complaints are not dismissed without
appropriate consideration;
(3) require that the board be advised of a complaint
that is dismissed [and that a written explanation be given to the
person who filed the complaint explaining the action taken on the
dismissed complaint];
(4) ensure that the person who filed the complaint has
the opportunity to explain the allegations made in the complaint;
and
(5) prescribe guidelines concerning the categories of
complaints that require the use of a private investigator and the
procedures for the board to obtain the services of a private
investigator.
SECTION 7. Section 801.2055, Occupations Code, is amended
to read as follows:
Sec. 801.2055. COMPLAINTS REQUIRING MEDICAL EXPERTISE.
(a) A complaint that requires medical expertise to review must be
reviewed by one [two] or more veterinarians designated by the
[veterinarian] board [members]. The veterinarian reviewers [board
members] shall determine whether to dismiss the complaint or refer
it to an informal proceeding under Section 801.408.
(b) If the veterinarian reviewers determine to:
(1) dismiss the complaint, the dismissal must be
approved by the board at a public meeting; or
(2) refer the complaint to an informal proceeding, the
complaint is referred to an informal proceeding under Section
801.408.
(c) If the board designates more than one veterinarian
reviewer and the reviewers [members] do not agree to dismiss or
refer the complaint to an informal proceeding, the complaint is
referred to an informal proceeding under Section 801.408.
(d) A veterinarian board member who reviews a complaint
under this section may not participate in any subsequent
disciplinary proceeding related to the complaint.
SECTION 8. Section 801.207, Occupations Code, is amended by
amending Subsection (b) and adding Subsections (c), (d), and (e) to
read as follows:
(b) Each complaint, investigation file and record, and
other investigation report and all other investigative information
in the possession of or received or gathered by the board or the
board's employees or agents relating to a license holder, an
application for license, or a criminal investigation or proceeding
is privileged and confidential and is not subject to discovery,
subpoena, or other means of legal compulsion for release to anyone
other than the board or the board's employees or agents involved in
discipline of a license holder [An investigation record of the
board, including a record relating to a complaint that is found to
be groundless, is confidential].
(c) The board shall protect the identity of a complainant to
the extent possible.
(d) Not later than the 30th day after the date of receipt of
a written request from a license holder who is the subject of a
formal complaint initiated and filed under this subchapter or from
the license holder's counsel of record, and subject to any other
privilege or restriction set forth by rule, statute, or legal
precedent, and unless good cause is shown for delay, the board shall
provide the license holder with access to all information in its
possession that the board intends to offer into evidence in
presenting its case in chief at the contested hearing on the
complaint. The board is not required to provide:
(1) a board investigative report or memorandum;
(2) the identity of a nontestifying complainant; or
(3) attorney-client communications, attorney work
product, or other materials covered by a privilege recognized by
the Texas Rules of Civil Procedure or the Texas Rules of Evidence.
(e) Furnishing information under Subsection (d) does not
constitute a waiver of privilege or confidentiality under this
chapter or other applicable law.
SECTION 9. Subchapter E, Chapter 801, Occupations Code, is
amended by adding Section 801.208 to read as follows:
Sec. 801.208. NOTIFICATION TO COMPLAINANT REGARDING
COMPLAINT DISPOSITION. (a) The board shall promptly notify a
complainant of the final disposition of the complaint, including
notice:
(1) that the complaint was dismissed;
(2) that a penalty, disciplinary action, or other
sanction was imposed; or
(3) that the complaint was disposed of in another
manner and the nature of that disposition.
(b) The board shall include with the notification a copy of
any public sanction imposed by the board.
(c) The board shall include in the notification an
explanation of each reason for the disposition, including, as
applicable, in plain, easily understandable language, each reason
the conduct alleged in the complaint did or did not constitute
grounds for the imposition of a penalty, disciplinary action, or
other sanction.
(d) The notification may not include information that is
confidential under Section 801.207(b).
SECTION 10. Subchapter E, Chapter 801, Occupations Code, is
amended by adding Section 801.209 to read as follows:
Sec. 801.209. REQUIREMENTS FOR CERTAIN COMPLAINTS. (a) In
this section:
(1) "Anonymous complaint" means a complaint that lacks
sufficient information to identify the source or the name of the
person who filed the complaint.
(2) "Insurance professional" means a person licensed
under Title 13, Insurance Code.
(3) "Insurer" means an insurance company or other
entity authorized to engage in the business of insurance under
Title 6, Insurance Code.
(b) The board may not accept anonymous complaints.
(c) Notwithstanding any confidentiality requirements under
Chapter 552, Government Code, or this chapter, a complaint filed
with the board against a license holder by a pharmaceutical company
or by an insurance professional or insurer relating to insurance
covering veterinary services must include the name and address of
the pharmaceutical company, insurance professional, or insurer
filing the complaint. Not later than the 15th day after the date
the complaint is filed with the board, the board shall notify the
license holder who is the subject of the complaint of the name and
address of the pharmaceutical company, insurance professional, or
insurer who filed the complaint, unless the notice would jeopardize
an investigation.
SECTION 11. Subchapter F, Chapter 801, Occupations Code, is
amended by adding Section 801.267 to read as follows:
Sec. 801.267. CRIMINAL HISTORY RECORD INFORMATION FOR
LICENSE ISSUANCE. (a) The board shall require that an applicant
for a license submit a complete and legible set of fingerprints, on
a form prescribed by the board, to the board or to the Department of
Public Safety for the purpose of obtaining criminal history record
information from the Department of Public Safety and the Federal
Bureau of Investigation.
(b) The board may not issue a license to a person who does
not comply with the requirement of Subsection (a).
(c) The board shall conduct a criminal history record
information check of each applicant for a license using
information:
(1) provided by the individual under this section; and
(2) made available to the board by the Department of
Public Safety, the Federal Bureau of Investigation, and any other
criminal justice agency under Chapter 411, Government Code.
(d) The board may:
(1) enter into an agreement with the Department of
Public Safety to administer a criminal history record information
check required under this section; and
(2) authorize the Department of Public Safety to
collect from each applicant the costs incurred by the Department of
Public Safety in conducting the criminal history record information
check.
SECTION 12. Section 801.301, Occupations Code, is amended
to read as follows:
Sec. 801.301. LICENSE TERM AND [ANNUAL] RENEWAL [REQUIRED].
(a) The board shall provide:
(1) that each type of license under this chapter is
valid for a term of one year or two years; and
(2) for the [annual] renewal of a license.
(b) The board by rule may adopt a system under which
licenses expire on various dates during the year.
(c) For a year in which the license expiration date is
changed, the board shall prorate license fees [payable on March 1
shall be prorated] on a monthly basis so that each license holder
pays only that portion of the fee that is allocable to the number of
months during which the license is valid. On renewal of the license
on the new expiration date, the total license renewal fee is
payable.
SECTION 13. Section 801.306, Occupations Code, is amended
to read as follows:
Sec. 801.306. INACTIVE STATUS. The board by rule may
provide for the placement of a license holder on inactive status.
[The rules adopted under this section must include a limit on the
time a license holder may remain on inactive status.]
SECTION 14. Sections 801.307(b) and (c), Occupations Code,
are amended to read as follows:
(b) The board may:
(1) establish general categories of continuing
education that meet the needs of license holders; [and]
(2) require a license holder to successfully complete
continuing education courses; and
(3) for a license valid for two years, provide a one
year or two year period for the completion of continuing education.
(c) The board may require a license holder who does not
complete the required number of hours of continuing education in a
period [year] to make up the missed hours in a later period [years].
Hours required to be made up in a later period [year] are in
addition to the hours normally required to be completed in that
period [year].
SECTION 15. Subchapter G, Chapter 801, Occupations Code, is
amended by adding Section 801.309 to read as follows:
Sec. 801.309. CRIMINAL HISTORY RECORD INFORMATION
REQUIREMENT FOR LICENSE RENEWAL. (a) An applicant renewing a
license issued under this chapter shall submit a complete and
legible set of fingerprints for purposes of performing a criminal
history record information check of the applicant as provided by
Section 801.267.
(b) The board may administratively suspend or refuse to
renew the license of a person who does not comply with the
requirement of Subsection (a).
(c) A license holder is not required to submit fingerprints
under this section for the renewal of the license if the license
holder has previously submitted fingerprints under:
(1) Section 801.267 for the initial issuance of the
license; or
(2) this section as part of a prior license renewal.
SECTION 16. The heading to Section 801.407, Occupations
Code, is amended to read as follows:
Sec. 801.407. RIGHT TO HEARING[; SCHEDULE OF SANCTIONS].
SECTION 17. Section 801.407(c), Occupations Code, is
amended to read as follows:
(c) The State Office of Administrative Hearings shall use
the schedule of sanctions under Section 801.411 [adopted by board
rule] for any sanction imposed as the result of a hearing conducted
by that office.
SECTION 18. Subchapter I, Chapter 801, Occupations Code, is
amended by adding Section 801.411 to read as follows:
Sec. 801.411. SCHEDULE OF SANCTIONS. (a) The board by
rule shall adopt a schedule of penalties, disciplinary actions, and
other sanctions that the board may impose under this chapter.
(b) In adopting the schedule of sanctions under Subsection
(a), the board shall ensure that the severity of the sanction
imposed is appropriate to the type of violation or conduct that is
the basis for disciplinary action. The schedule must provide that
the type of disciplinary action or other sanction and the amount of
a penalty imposed under this chapter must be based on:
(1) the seriousness of the violation, including:
(A) the nature, circumstances, extent, and
gravity of any prohibited act; and
(B) the hazard or potential hazard created to the
health, safety, or economic welfare of the public;
(2) the economic harm to property or the environment
caused by the violation;
(3) the history of previous violations;
(4) the amount of penalty or type of disciplinary
action or sanction necessary to deter a future violation;
(5) efforts to correct the violation; and
(6) any other matter that justice may require.
SECTION 19. Sections 801.452(b) and (c), Occupations Code,
are amended to read as follows:
(b) The amount of the penalty shall be based on the schedule
of sanctions adopted under Section 801.411[:
[(1) the seriousness of the violation, including:
[(A) the nature, circumstances, extent, and
gravity of any prohibited act; and
[(B) the hazard or potential hazard created to
the health, safety, or economic welfare of the public;
[(2) the economic harm to property or the environment
caused by the violation;
[(3) the history of previous violations;
[(4) the amount necessary to deter a future violation;
[(5) efforts to correct the violation; and
[(6) any other matter that justice may require].
(c) A committee described by Section 801.408(c) or (d) shall
recommend the amount of the administrative penalty based on the
schedule of sanctions adopted under Section 801.411 [a standardized
penalty schedule. The board by rule shall develop the standardized
penalty schedule based on the criteria listed in Subsection (b)].
SECTION 20. Subchapter K, Chapter 801, Occupations Code, is
amended by adding Section 801.5011 to read as follows:
Sec. 801.5011. MONITORING HARMFUL PRESCRIBING AND
DISPENSING PATTERNS. (a) The board shall periodically check the
prescribing and dispensing information submitted to the Texas State
Board of Pharmacy as authorized by Section 481.076(a)(1), Health
and Safety Code, to determine whether a veterinarian is engaging in
potentially harmful prescribing or dispensing patterns or
practices.
(b) The board, in coordination with the Texas State Board of
Pharmacy, shall determine the conduct that constitutes a
potentially harmful prescribing or dispensing pattern or practice
for purposes of Subsection (a). In determining the conduct that
constitutes a potentially harmful prescribing or dispensing
pattern or practice, the board, at a minimum, shall consider:
(1) the number of times a veterinarian prescribes or
dispenses:
(A) opioids;
(B) benzodiazepines;
(C) barbiturates; or
(D) carisoprodol; and
(2) for prescriptions and dispensations described by
Subdivision (1), patterns of prescribing or dispensing
combinations of those drugs and other dangerous combinations of
drugs identified by the board.
(c) If the board suspects that a veterinarian may be
engaging in potentially harmful prescribing or dispensing patterns
or practices, the board may notify the veterinarian of the
potentially harmful prescribing or dispensing pattern or practice.
(d) The board may initiate a complaint against a
veterinarian based on information obtained under this section.
SECTION 21. (a) For purposes of Section 801.003,
Occupations Code, as amended by this Act, the Sunset Advisory
Commission shall conduct a special-purpose review of the State
Board of Veterinary Medical Examiners for the 87th Legislature.
(b) In conducting the special-purpose review under this
section:
(1) the Sunset Advisory Commission staff evaluation
and report must be limited to reviewing the effectiveness of
recommendations made by the Sunset Advisory Commission to the 85th
Legislature; and
(2) the Sunset Advisory Commission's recommendations
to the 87th Legislature may include any recommendation the
commission considers appropriate based on the special-purpose
review.
SECTION 22. (a) The changes in law made by this Act to
Section 801.051(a), Occupations Code, do not affect the entitlement
of a member serving on the State Board of Veterinary Medical
Examiners immediately before the effective date of this Act to
continue to serve for the remainder of the member's term. As the
terms of board members expire, the governor shall appoint or
reappoint members who have the qualifications required for members
under Section 801.051, Occupations Code, as amended by this Act.
(b) In making appointments under Section 801.051(a),
Occupations Code, as amended by this Act, the governor may not
appoint a veterinarian member who is not described by Section
801.051(a)(1)(A) or (B) unless one member described by Section
801.051(a)(1)(A), one member described by Section
801.051(a)(1)(B), and one member described by Section
801.051(a)(2) have been appointed to or are serving on the State
Board of Veterinary Medical Examiners. This subsection does not
apply after the first date on which one member described by Section
801.051(a)(1)(A), one member described by Section
801.051(a)(1)(B), and one member described by Section
801.051(a)(2) are serving on the board.
SECTION 23. (a) Except as provided by Subsection (b) of
this section, Section 801.057, Occupations Code, as amended by this
Act, applies to a member of the State Board of Veterinary Medical
Examiners appointed before, on, or after the effective date of this
Act.
(b) A member of the State Board of Veterinary Medical
Examiners who, before the effective date of this Act, completed the
training program required by Section 801.057, Occupations Code, as
that law existed before the effective date of this Act, is only
required to complete additional training on the subjects added by
this Act to the training program required by Section 801.057,
Occupations Code. A board member described by this subsection may
not vote, deliberate, or be counted as a member in attendance at a
meeting of the board held on or after December 1, 2017, until the
member completes the additional training.
SECTION 24. (a) The following changes in law apply only to
a complaint filed with the State Board of Veterinary Medical
Examiners on or after the effective date of this Act:
(1) Section 801.205, Occupations Code, as amended by
this Act;
(2) Section 801.2055, Occupations Code, as amended by
this Act;
(3) Section 801.207(b), Occupations Code, as amended
by this Act, and Sections 801.207(c), (d), and (e), Occupations
Code, as added by this Act;
(4) Section 801.208, Occupations Code, as added by
this Act; and
(5) Section 801.209, Occupations Code, as added by
this Act.
(b) A complaint filed before the effective date of this Act
is governed by the law in effect on the date the complaint was
filed, and the former law is continued in effect for that purpose.
SECTION 25. Sections 801.267 and 801.309, Occupations Code,
as added by this Act, apply only to an application for the issuance
or renewal of a license submitted to the State Board of Veterinary
Medical Examiners on or after the effective date of this Act. An
application submitted before the effective date of this Act is
governed by the law in effect on the date the application was
submitted, and the former law is continued in effect for that
purpose.
SECTION 26. Sections 801.407(c) and 801.452(b) and (c),
Occupations Code, as amended by this Act, and Section 801.411,
Occupations Code, as added by this Act, apply only to conduct that
occurs on or after the date that rules under Section 801.411 become
effective. Conduct that occurs before that date is governed by the
law in effect immediately before the effective date of this Act, and
the former law is continued in effect for that purpose.
SECTION 27. This Act takes effect September 1, 2017.