Texas 2017 - 85th Regular

Texas Senate Bill SB319 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 319
	1	+	By: Watson, et al. S.B. No. 319
	2	+	(Raymond)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the continuation and functions of the State Board of
6	8		Veterinary Medical Examiners; authorizing a reduction in fees;
7	9		providing penalties.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9		-	SECTION 1. Section 826.042, Health and Safety Code, is
10		-	amended by adding Subsections (f) and (g) to read as follows:
11		-	(f) At the time an owner submits for quarantine an animal
12		-	described by Subsection (b), the veterinarian or local rabies
13		-	control authority, as applicable, shall:
14		-	(1) provide written notification to the animal's owner
15		-	of the date the animal enters quarantine and the date the animal
16		-	will be released from quarantine;
17		-	(2) obtain and retain with the animal's records a
18		-	written statement signed by the animal's owner and a supervisor
19		-	employed by the veterinarian or local rabies control authority
20		-	acknowledging that the information required by Subdivision (1) has
21		-	been provided to the animal's owner; and
22		-	(3) provide the animal's owner a copy of the signed
23		-	written statement obtained under Subdivision (2).
24		-	(g) A veterinarian or local rabies control authority, as
25		-	applicable, shall identify each animal quarantined under this
26		-	section with a placard or other marking on the animal's kennel that
27		-	indicates the animal is quarantined under this section.
28		-	SECTION 2. Section 826.043, Health and Safety Code, is
29		-	amended by amending Subsection (d) and adding Subsection (e) to
30		-	read as follows:
31		-	(d) Except as provided by Subsection (e), the [The]
32		-	veterinarian or local rabies control authority may sell the animal
33		-	and retain the proceeds or keep, grant, or destroy an animal if the
34		-	owner or custodian does not take possession of the animal before the
35		-	fourth day following the final day of the quarantine period.
36		-	(e) A veterinarian or local rabies control authority may not
37		-	destroy an animal following the final day of the quarantine period
38		-	unless the veterinarian or local rabies control authority has
39		-	notified the animal's owner, if available, of the animal's
40		-	scheduled destruction.
41		-	SECTION 3. Section 801.003, Occupations Code, is amended to
	11	+	SECTION 1. Section 801.003, Occupations Code, is amended to
42	12		read as follows:
43	13		Sec. 801.003. APPLICATION OF SUNSET ACT. The State Board of
44	14		Veterinary Medical Examiners is subject to Chapter 325, Government
45	15		Code (Texas Sunset Act). Unless continued in existence as provided
46	16		by that chapter, the board is abolished and this chapter expires
47	17		September 1, 2021 [2017].
48		-	SECTION 4. Section 801.004, Occupations Code, is amended to
49		-	read as follows:
50		-	Sec. 801.004. APPLICATION OF CHAPTER. This chapter does
51		-	not apply to:
52		-	(1) the treatment or care of an animal in any manner by
53		-	the owner of the animal, an employee of the owner, or a designated
54		-	caretaker of the animal, unless the ownership, employment, or
55		-	designation is established with the intent to violate this chapter;
56		-	(2) a person who performs an act prescribed by the
57		-	board as an accepted livestock management practice, including:
58		-	(A) castrating a male animal raised for human
59		-	consumption;
60		-	(B) docking or earmarking an animal raised for
61		-	human consumption;
62		-	(C) dehorning cattle;
63		-	(D) aiding in the nonsurgical birth process of a
64		-	large animal, as defined by board rule;
65		-	(E) treating an animal for disease prevention
66		-	with a nonprescription medicine or vaccine;
67		-	(F) branding or identifying an animal in any
68		-	manner;
69		-	(G) artificially inseminating an animal,
70		-	including training, inseminating, and compensating for services
71		-	related to artificial insemination; and
72		-	(H) shoeing a horse;
73		-	(3) the performance of a cosmetic or production
74		-	technique to reduce injury in poultry intended for human
75		-	consumption;
76		-	(4) the performance of a duty by a veterinarian's
77		-	employee if:
78		-	(A) the duty involves food production animals;
79		-	(B) the duty does not involve diagnosis,
80		-	prescription, or surgery;
81		-	(C) the employee is under the direction and
82		-	general supervision of the veterinarian; and
83		-	(D) the veterinarian is responsible for the
84		-	employee's performance;
85		-	(5) the performance of an act by a person who is a
86		-	full-time student of an accredited college of veterinary medicine
87		-	if the act is performed under the direct supervision of a
88		-	veterinarian;
89		-	(6) an animal shelter employee who performs euthanasia
90		-	in the course and scope of the person's employment if the person has
91		-	successfully completed training in accordance with Chapter 829,
92		-	Health and Safety Code;
93		-	(7) a person who is engaged in a recognized
94		-	state-federal cooperative disease eradication or control program
95		-	or an external parasite control program while the person is
96		-	performing official duties required by the program;
97		-	(8) a person who, without expectation of compensation,
98		-	provides emergency care in an emergency or disaster; [or]
99		-	(9) a consultation given to a veterinarian in this
100		-	state by a person who:
101		-	(A) resides in another state; and
102		-	(B) is lawfully qualified to practice veterinary
103		-	medicine under the laws of that state; or
104		-	(10) a licensed health care professional who, without
105		-	expectation of compensation and under the direct supervision of a
106		-	veterinarian on staff, provides treatment or care to an animal
107		-	owned by or in the possession, control, or custody of an entity
108		-	accredited by the Association of Zoos and Aquariums or one of the
109		-	following organizations that has a veterinarian on staff:
110		-	(A) the Global Federation of Animal Sanctuaries;
111		-	or
112		-	(B) the Zoological Association of America.
113		-	SECTION 5. Section 801.051(a), Occupations Code, is amended
	18	+	SECTION 2. Section 801.051(a), Occupations Code, is amended
114	19		to read as follows:
115	20		(a) The State Board of Veterinary Medical Examiners
116	21		consists of nine members appointed by the governor with the advice
117	22		and consent of the senate as follows:
118	23		(1) five [six] veterinarian members, including:
119	24		(A) one veterinarian member who is associated
120	25		with an animal shelter; and
121	26		(B) one veterinarian member who has at least
122	27		three years of experience practicing veterinary medicine in this
123	28		state on horses, livestock, or other large animals; [and]
124	29		(2) one licensed veterinary technician member; and
125	30		(3) three members who represent the public.
126		-	SECTION 6. Section 801.057, Occupations Code, is amended by
	31	+	SECTION 3. Section 801.057, Occupations Code, is amended by
127	32		amending Subsection (b) and adding Subsection (d) to read as
128	33		follows:
129	34		(b) The training program must provide the person with
130	35		information regarding:
131	36		(1) the law governing board operations;
132	37		(2) the [legislation that created the board and the
133	38		board's] programs, functions, rules, and budget of the board;
134	39		(3) the scope of and limitations on the rulemaking
135	40		authority of the board;
136	41		(4) the types of board rules, interpretations, and
137	42		enforcement actions that may implicate federal antitrust law by
138	43		limiting competition or impacting prices charged by persons engaged
139	44		in a profession or business the board regulates, including rules,
140	45		interpretations, and enforcement actions that:
141	46		(A) regulate the scope of practice of persons in
142	47		a profession or business the board regulates;
143	48		(B) restrict advertising by persons in a
144	49		profession or business the board regulates;
145	50		(C) affect the price of goods or services
146	51		provided by persons in a profession or business the board
147	52		regulates; or
148	53		(D) restrict participation in a profession or
149	54		business the board regulates;
150	55		(5) [(2)] the results of the most recent formal audit
151	56		of the board;
152	57		(6) [(3)] the requirements of:
153	58		(A) laws relating to open meetings, public
154	59		information, administrative procedure, and disclosing conflicts of
155	60		interest; and
156	61		(B) other laws applicable to members of the board
157	62		in performing their duties; and
158	63		(7) [(4)] any applicable ethics policies adopted by
159	64		the board or the Texas Ethics Commission.
160	65		(d) The executive director of the board shall create a
161	66		training manual that includes the information required by
162	67		Subsection (b). The executive director shall distribute a copy of
163	68		the training manual annually to each board member. On receipt of
164	69		the training manual, each board member shall sign and submit to the
165	70		executive director a statement acknowledging receipt of the
166	71		training manual.
167		-	SECTION 7. Section 801.154, Occupations Code, is amended to
	72	+	SECTION 4. Section 801.154, Occupations Code, is amended to
168	73		read as follows:
169	74		Sec. 801.154. FEES. [(a)] The board by rule shall set fees
170	75		in amounts that are reasonable and necessary so that the fees, in
171	76		the aggregate, cover the costs of administering this chapter. [The
172	77		board may not set a fee that existed on September 1, 1993, in an
173	78		amount that is less than the fee on that date.]
174		-	SECTION 8. Subchapter D, Chapter 801, Occupations Code, is
	79	+	SECTION 5. Subchapter D, Chapter 801, Occupations Code, is
175	80		amended by adding Section 801.164 to read as follows:
176	81		Sec. 801.164. RISK-BASED INSPECTIONS RELATED TO CONTROLLED
177	82		SUBSTANCES PRACTICES. The board may conduct a risk-based
178	83		inspection of a veterinarian's practice based on information
179	84		obtained from the veterinarian or another source concerning the
180	85		veterinarian's use, handling, prescribing, dispensing, or delivery
181	86		of controlled substances.
182		-	SECTION 9. Section 801.205, Occupations Code, is amended to
	87	+	SECTION 6. Section 801.205, Occupations Code, is amended to
183	88		read as follows:
184	89		Sec. 801.205. GENERAL RULES REGARDING COMPLAINT
185	90		INVESTIGATION AND DISPOSITION. The board shall adopt rules
186	91		relating to the investigation of complaints filed with the board.
187	92		The rules must:
188	93		(1) distinguish between categories of complaints;
189	94		(2) ensure that complaints are not dismissed without
190	95		appropriate consideration;
191	96		(3) require that the board be advised of a complaint
192	97		that is dismissed [and that a written explanation be given to the
193	98		person who filed the complaint explaining the action taken on the
194	99		dismissed complaint];
195	100		(4) ensure that the person who filed the complaint has
196	101		the opportunity to explain the allegations made in the complaint;
197	102		and
198	103		(5) prescribe guidelines concerning the categories of
199	104		complaints that require the use of a private investigator and the
200	105		procedures for the board to obtain the services of a private
201	106		investigator.
202		-	SECTION 10. Section 801.2055, Occupations Code, is amended
	107	+	SECTION 7. Section 801.2055, Occupations Code, is amended
203	108		to read as follows:
204	109		Sec. 801.2055. COMPLAINTS REQUIRING MEDICAL EXPERTISE.
205	110		(a) A complaint that requires medical expertise to review must be
206	111		reviewed by one [two] or more veterinarians designated by the
207	112		[veterinarian] board [members]. The veterinarian reviewers [board
208	113		members] shall determine whether to dismiss the complaint or refer
209	114		it to an informal proceeding under Section 801.408.
210	115		(b) If the veterinarian reviewers determine to:
211	116		(1) dismiss the complaint, the dismissal must be
212	117		approved by the board at a public meeting; or
213	118		(2) refer the complaint to an informal proceeding, the
214	119		complaint is referred to an informal proceeding under Section
215	120		801.408.
216	121		(c) If the board designates more than one veterinarian
217	122		reviewer and the reviewers [members] do not agree to dismiss or
218	123		refer the complaint to an informal proceeding, the complaint is
219	124		referred to an informal proceeding under Section 801.408.
220	125		(d) A veterinarian board member who reviews a complaint
221	126		under this section may not participate in any subsequent
222	127		disciplinary proceeding related to the complaint.
223		-	SECTION 11. Section 801.207, Occupations Code, is amended
224		-	by amending Subsection (b) and adding Subsections (c), (d), and (e)
225		-	to read as follows:
	128	+	SECTION 8. Section 801.207, Occupations Code, is amended by
	129	+	amending Subsection (b) and adding Subsections (c), (d), and (e) to
	130	+	read as follows:
226	131		(b) Each complaint, investigation file and record, and
227	132		other investigation report and all other investigative information
228	133		in the possession of or received or gathered by the board or the
229	134		board's employees or agents relating to a license holder, an
230	135		application for license, or a criminal investigation or proceeding
231	136		is privileged and confidential and is not subject to discovery,
232	137		subpoena, or other means of legal compulsion for release to anyone
233	138		other than the board or the board's employees or agents involved in
234	139		discipline of a license holder [An investigation record of the
235	140		board, including a record relating to a complaint that is found to
236	141		be groundless, is confidential].
237	142		(c) The board shall protect the identity of a complainant to
238	143		the extent possible.
239	144		(d) Not later than the 30th day after the date of receipt of
240	145		a written request from a license holder who is the subject of a
241	146		formal complaint initiated and filed under this subchapter or from
242	147		the license holder's counsel of record, and subject to any other
243	148		privilege or restriction set forth by rule, statute, or legal
244	149		precedent, and unless good cause is shown for delay, the board shall
245	150		provide the license holder with access to all information in its
246	151		possession that the board intends to offer into evidence in
247	152		presenting its case in chief at the contested hearing on the
248	153		complaint. The board is not required to provide:
249	154		(1) a board investigative report or memorandum;
250	155		(2) the identity of a nontestifying complainant; or
251	156		(3) attorney-client communications, attorney work
252	157		product, or other materials covered by a privilege recognized by
253	158		the Texas Rules of Civil Procedure or the Texas Rules of Evidence.
254	159		(e) Furnishing information under Subsection (d) does not
255	160		constitute a waiver of privilege or confidentiality under this
256	161		chapter or other applicable law.
257		-	SECTION 12. Subchapter E, Chapter 801, Occupations Code, is
	162	+	SECTION 9. Subchapter E, Chapter 801, Occupations Code, is
258	163		amended by adding Section 801.208 to read as follows:
259	164		Sec. 801.208. NOTIFICATION TO COMPLAINANT REGARDING
260	165		COMPLAINT DISPOSITION. (a) The board shall promptly notify a
261	166		complainant of the final disposition of the complaint, including
262	167		notice:
263	168		(1) that the complaint was dismissed;
264	169		(2) that a penalty, disciplinary action, or other
265	170		sanction was imposed; or
266	171		(3) that the complaint was disposed of in another
267	172		manner and the nature of that disposition.
268	173		(b) The board shall include with the notification a copy of
269	174		any public sanction imposed by the board.
270	175		(c) The board shall include in the notification an
271	176		explanation of each reason for the disposition, including, as
272	177		applicable, in plain, easily understandable language, each reason
273	178		the conduct alleged in the complaint did or did not constitute
274	179		grounds for the imposition of a penalty, disciplinary action, or
275	180		other sanction.
276	181		(d) The notification may not include information that is
277	182		confidential under Section 801.207(b).
278		-	SECTION 13. Subchapter E, Chapter 801, Occupations Code, is
	183	+	SECTION 10. Subchapter E, Chapter 801, Occupations Code, is
279	184		amended by adding Section 801.209 to read as follows:
280	185		Sec. 801.209. REQUIREMENTS FOR CERTAIN COMPLAINTS. (a) In
281	186		this section:
282	187		(1) "Anonymous complaint" means a complaint that lacks
283	188		sufficient information to identify the source or the name of the
284	189		person who filed the complaint.
285	190		(2) "Insurance professional" means a person licensed
286	191		under Title 13, Insurance Code.
287	192		(3) "Insurer" means an insurance company or other
288	193		entity authorized to engage in the business of insurance under
289	194		Title 6, Insurance Code.
290	195		(b) The board may not accept anonymous complaints.
291	196		(c) Notwithstanding any confidentiality requirements under
292	197		Chapter 552, Government Code, or this chapter, a complaint filed
293	198		with the board against a license holder by a pharmaceutical company
294	199		or by an insurance professional or insurer relating to insurance
295	200		covering veterinary services must include the name and address of
296	201		the pharmaceutical company, insurance professional, or insurer
297	202		filing the complaint. Not later than the 15th day after the date
298	203		the complaint is filed with the board, the board shall notify the
299	204		license holder who is the subject of the complaint of the name and
300	205		address of the pharmaceutical company, insurance professional, or
301	206		insurer who filed the complaint, unless the notice would jeopardize
302	207		an investigation.
303		-	SECTION 14. Subchapter F, Chapter 801, Occupations Code, is
	208	+	SECTION 11. Subchapter F, Chapter 801, Occupations Code, is
304	209		amended by adding Section 801.267 to read as follows:
305	210		Sec. 801.267. CRIMINAL HISTORY RECORD INFORMATION FOR
306	211		LICENSE ISSUANCE. (a) The board shall require that an applicant
307	212		for a license submit a complete and legible set of fingerprints, on
308	213		a form prescribed by the board, to the board or to the Department of
309	214		Public Safety for the purpose of obtaining criminal history record
310	215		information from the Department of Public Safety and the Federal
311	216		Bureau of Investigation.
312	217		(b) The board may not issue a license to a person who does
313	218		not comply with the requirement of Subsection (a).
314	219		(c) The board shall conduct a criminal history record
315	220		information check of each applicant for a license using
316	221		information:
317	222		(1) provided by the individual under this section; and
318	223		(2) made available to the board by the Department of
319	224		Public Safety, the Federal Bureau of Investigation, and any other
320	225		criminal justice agency under Chapter 411, Government Code.
321	226		(d) The board may:
322	227		(1) enter into an agreement with the Department of
323	228		Public Safety to administer a criminal history record information
324	229		check required under this section; and
325	230		(2) authorize the Department of Public Safety to
326	231		collect from each applicant the costs incurred by the Department of
327	232		Public Safety in conducting the criminal history record information
328	233		check.
329		-	SECTION 15. Section 801.301, Occupations Code, is amended
	234	+	SECTION 12. Section 801.301, Occupations Code, is amended
330	235		to read as follows:
331	236		Sec. 801.301. LICENSE TERM AND [ANNUAL] RENEWAL [REQUIRED].
332	237		(a) The board shall provide:
333	238		(1) that each type of license under this chapter is
334	239		valid for a term of one year or two years; and
335	240		(2) for the [annual] renewal of a license.
336	241		(b) The board by rule may adopt a system under which
337	242		licenses expire on various dates during the year.
338	243		(c) For a year in which the license expiration date is
339	244		changed, the board shall prorate license fees [payable on March 1
340	245		shall be prorated] on a monthly basis so that each license holder
341	246		pays only that portion of the fee that is allocable to the number of
342	247		months during which the license is valid. On renewal of the license
343	248		on the new expiration date, the total license renewal fee is
344	249		payable.
345		-	SECTION 16. Section 801.306, Occupations Code, is amended
	250	+	SECTION 13. Section 801.306, Occupations Code, is amended
346	251		to read as follows:
347	252		Sec. 801.306. INACTIVE STATUS. The board by rule may
348	253		provide for the placement of a license holder on inactive status.
349		-	The rules adopted under this section ~~may not [~~must] include a limit
350		-	~~on the~~ time a license holder may remain on inactive status.
351		-	SECTION 17. Sections 801.307(b) and (c), Occupations Code,
	254	+	[The rules adopted under this section must include a limit on the
	255	+	time a license holder may remain on inactive status.]
	256	+	SECTION 14. Sections 801.307(b) and (c), Occupations Code,
352	257		are amended to read as follows:
353	258		(b) The board may:
354	259		(1) establish general categories of continuing
355	260		education that meet the needs of license holders; [and]
356	261		(2) require a license holder to successfully complete
357	262		continuing education courses; and
358	263		(3) for a license valid for two years, provide a one
359	264		year or two year period for the completion of continuing education.
360	265		(c) The board may require a license holder who does not
361	266		complete the required number of hours of continuing education in a
362	267		period [year] to make up the missed hours in a later period [years].
363	268		Hours required to be made up in a later period [year] are in
364	269		addition to the hours normally required to be completed in that
365	270		period [year].
366		-	SECTION 18. Subchapter G, Chapter 801, Occupations Code, is
	271	+	SECTION 15. Subchapter G, Chapter 801, Occupations Code, is
367	272		amended by adding Section 801.309 to read as follows:
368	273		Sec. 801.309. CRIMINAL HISTORY RECORD INFORMATION
369	274		REQUIREMENT FOR LICENSE RENEWAL. (a) An applicant renewing a
370	275		license issued under this chapter shall submit a complete and
371	276		legible set of fingerprints for purposes of performing a criminal
372	277		history record information check of the applicant as provided by
373	278		Section 801.267.
374	279		(b) The board may administratively suspend or refuse to
375	280		renew the license of a person who does not comply with the
376	281		requirement of Subsection (a).
377	282		(c) A license holder is not required to submit fingerprints
378	283		under this section for the renewal of the license if the license
379	284		holder has previously submitted fingerprints under:
380	285		(1) Section 801.267 for the initial issuance of the
381	286		license; or
382	287		(2) this section as part of a prior license renewal.
383		-	SECTION 19. The heading to Section 801.407, Occupations
	288	+	SECTION 16. The heading to Section 801.407, Occupations
384	289		Code, is amended to read as follows:
385	290		Sec. 801.407. RIGHT TO HEARING[; SCHEDULE OF SANCTIONS].
386		-	SECTION 20. Section 801.407(c), Occupations Code, is
	291	+	SECTION 17. Section 801.407(c), Occupations Code, is
387	292		amended to read as follows:
388	293		(c) The State Office of Administrative Hearings shall use
389	294		the schedule of sanctions under Section 801.411 [adopted by board
390	295		rule] for any sanction imposed as the result of a hearing conducted
391	296		by that office.
392		-	SECTION 21. Subchapter I, Chapter 801, Occupations Code, is
	297	+	SECTION 18. Subchapter I, Chapter 801, Occupations Code, is
393	298		amended by adding Section 801.411 to read as follows:
394	299		Sec. 801.411. SCHEDULE OF SANCTIONS. (a) The board by
395	300		rule shall adopt a schedule of penalties, disciplinary actions, and
396	301		other sanctions that the board may impose under this chapter.
397	302		(b) In adopting the schedule of sanctions under Subsection
398	303		(a), the board shall ensure that the severity of the sanction
399	304		imposed is appropriate to the type of violation or conduct that is
400	305		the basis for disciplinary action. The schedule must provide that
401	306		the type of disciplinary action or other sanction and the amount of
402	307		a penalty imposed under this chapter must be based on:
403	308		(1) the seriousness of the violation, including:
404	309		(A) the nature, circumstances, extent, and
405	310		gravity of any prohibited act; and
406	311		(B) the hazard or potential hazard created to the
407	312		health, safety, or economic welfare of the public;
408	313		(2) the economic harm to property or the environment
409	314		caused by the violation;
410	315		(3) the history of previous violations;
411	316		(4) the amount of penalty or type of disciplinary
412	317		action or sanction necessary to deter a future violation;
413	318		(5) efforts to correct the violation; and
414	319		(6) any other matter that justice may require.
415		-	SECTION 22. Sections 801.452(b) and (c), Occupations Code,
	320	+	SECTION 19. Sections 801.452(b) and (c), Occupations Code,
416	321		are amended to read as follows:
417	322		(b) The amount of the penalty shall be based on the schedule
418	323		of sanctions adopted under Section 801.411[:
419	324		[(1) the seriousness of the violation, including:
420	325		[(A) the nature, circumstances, extent, and
421	326		gravity of any prohibited act; and
422	327		[(B) the hazard or potential hazard created to
423	328		the health, safety, or economic welfare of the public;
424	329		[(2) the economic harm to property or the environment
425	330		caused by the violation;
426	331		[(3) the history of previous violations;
427	332		[(4) the amount necessary to deter a future violation;
428	333		[(5) efforts to correct the violation; and
429	334		[(6) any other matter that justice may require].
430	335		(c) A committee described by Section 801.408(c) or (d) shall
431	336		recommend the amount of the administrative penalty based on the
432	337		schedule of sanctions adopted under Section 801.411 [a standardized
433	338		penalty schedule. The board by rule shall develop the standardized
434	339		penalty schedule based on the criteria listed in Subsection (b)].
435		-	SECTION 23. Subchapter K, Chapter 801, Occupations Code, is
	340	+	SECTION 20. Subchapter K, Chapter 801, Occupations Code, is
436	341		amended by adding Section 801.5011 to read as follows:
437	342		Sec. 801.5011. MONITORING HARMFUL PRESCRIBING AND
438	343		DISPENSING PATTERNS. (a) The board shall periodically check the
439	344		prescribing and dispensing information submitted to the Texas State
440	345		Board of Pharmacy as authorized by Section 481.076(a)(1), Health
441	346		and Safety Code, to determine whether a veterinarian is engaging in
442	347		potentially harmful prescribing or dispensing patterns or
443	348		practices.
444	349		(b) The board, in coordination with the Texas State Board of
445	350		Pharmacy, shall determine the conduct that constitutes a
446	351		potentially harmful prescribing or dispensing pattern or practice
447	352		for purposes of Subsection (a). In determining the conduct that
448	353		constitutes a potentially harmful prescribing or dispensing
449	354		pattern or practice, the board, at a minimum, shall consider:
450	355		(1) the number of times a veterinarian prescribes or
451	356		dispenses:
452	357		(A) opioids;
453	358		(B) benzodiazepines;
454	359		(C) barbiturates; or
455	360		(D) carisoprodol; and
456	361		(2) for prescriptions and dispensations described by
457	362		Subdivision (1), patterns of prescribing or dispensing
458	363		combinations of those drugs and other dangerous combinations of
459	364		drugs identified by the board.
460	365		(c) If the board suspects that a veterinarian may be
461	366		engaging in potentially harmful prescribing or dispensing patterns
462	367		or practices, the board may notify the veterinarian of the
463	368		potentially harmful prescribing or dispensing pattern or practice.
464	369		(d) The board may initiate a complaint against a
465	370		veterinarian based on information obtained under this section.
466		-	SECTION 24. (a) For purposes of Section 801.003,
	371	+	SECTION 21. (a) For purposes of Section 801.003,
467	372		Occupations Code, as amended by this Act, the Sunset Advisory
468	373		Commission shall conduct a special-purpose review of the State
469	374		Board of Veterinary Medical Examiners for the 87th Legislature.
470	375		(b) In conducting the special-purpose review under this
471	376		section:
472	377		(1) the Sunset Advisory Commission staff evaluation
473	378		and report must be limited to reviewing the effectiveness of
474	379		recommendations made by the Sunset Advisory Commission to the 85th
475	380		Legislature; and
476	381		(2) the Sunset Advisory Commission's recommendations
477	382		to the 87th Legislature may include any recommendation the
478	383		commission considers appropriate based on the special-purpose
479	384		review.
480		-	SECTION 25. (a) The changes in law made by this Act to
	385	+	SECTION 22. (a) The changes in law made by this Act to
481	386		Section 801.051(a), Occupations Code, do not affect the entitlement
482	387		of a member serving on the State Board of Veterinary Medical
483	388		Examiners immediately before the effective date of this Act to
484	389		continue to serve for the remainder of the member's term. As the
485	390		terms of board members expire, the governor shall appoint or
486	391		reappoint members who have the qualifications required for members
487	392		under Section 801.051, Occupations Code, as amended by this Act.
488	393		(b) In making appointments under Section 801.051(a),
489	394		Occupations Code, as amended by this Act, the governor may not
490	395		appoint a veterinarian member who is not described by Section
491	396		801.051(a)(1)(A) or (B) unless one member described by Section
492	397		801.051(a)(1)(A), one member described by Section
493	398		801.051(a)(1)(B), and one member described by Section
494	399		801.051(a)(2) have been appointed to or are serving on the State
495	400		Board of Veterinary Medical Examiners. This subsection does not
496	401		apply after the first date on which one member described by Section
497	402		801.051(a)(1)(A), one member described by Section
498	403		801.051(a)(1)(B), and one member described by Section
499	404		801.051(a)(2) are serving on the board.
500		-	SECTION 26. (a) Except as provided by Subsection (b) of
	405	+	SECTION 23. (a) Except as provided by Subsection (b) of
501	406		this section, Section 801.057, Occupations Code, as amended by this
502	407		Act, applies to a member of the State Board of Veterinary Medical
503	408		Examiners appointed before, on, or after the effective date of this
504	409		Act.
505	410		(b) A member of the State Board of Veterinary Medical
506	411		Examiners who, before the effective date of this Act, completed the
507	412		training program required by Section 801.057, Occupations Code, as
508	413		that law existed before the effective date of this Act, is only
509	414		required to complete additional training on the subjects added by
510	415		this Act to the training program required by Section 801.057,
511	416		Occupations Code. A board member described by this subsection may
512	417		not vote, deliberate, or be counted as a member in attendance at a
513	418		meeting of the board held on or after December 1, 2017, until the
514	419		member completes the additional training.
515		-	SECTION 27. (a) The following changes in law apply only to
	420	+	SECTION 24. (a) The following changes in law apply only to
516	421		a complaint filed with the State Board of Veterinary Medical
517	422		Examiners on or after the effective date of this Act:
518	423		(1) Section 801.205, Occupations Code, as amended by
519	424		this Act;
520	425		(2) Section 801.2055, Occupations Code, as amended by
521	426		this Act;
522	427		(3) Section 801.207(b), Occupations Code, as amended
523	428		by this Act, and Sections 801.207(c), (d), and (e), Occupations
524	429		Code, as added by this Act;
525	430		(4) Section 801.208, Occupations Code, as added by
526	431		this Act; and
527	432		(5) Section 801.209, Occupations Code, as added by
528	433		this Act.
529	434		(b) A complaint filed before the effective date of this Act
530	435		is governed by the law in effect on the date the complaint was
531	436		filed, and the former law is continued in effect for that purpose.
532		-	SECTION 28. Sections 801.267 and 801.309, Occupations Code,
	437	+	SECTION 25. Sections 801.267 and 801.309, Occupations Code,
533	438		as added by this Act, apply only to an application for the issuance
534	439		or renewal of a license submitted to the State Board of Veterinary
535	440		Medical Examiners on or after the effective date of this Act. An
536	441		application submitted before the effective date of this Act is
537	442		governed by the law in effect on the date the application was
538	443		submitted, and the former law is continued in effect for that
539	444		purpose.
540		-	SECTION 29. Sections 801.407(c) and 801.452(b) and (c),
	445	+	SECTION 26. Sections 801.407(c) and 801.452(b) and (c),
541	446		Occupations Code, as amended by this Act, and Section 801.411,
542	447		Occupations Code, as added by this Act, apply only to conduct that
543	448		occurs on or after the date that rules under Section 801.411 become
544	449		effective. Conduct that occurs before that date is governed by the
545	450		law in effect immediately before the effective date of this Act, and
546	451		the former law is continued in effect for that purpose.
547		-	SECTION 30. This Act takes effect September 1, 2017.
548		-	______________________________ ______________________________
549		-	President of the Senate Speaker of the House
550		-	I hereby certify that S.B. No. 319 passed the Senate on
551		-	April 20, 2017, by the following vote: Yeas 31, Nays 0;
552		-	May 25, 2017, Senate refused to concur in House amendments and
553		-	requested appointment of Conference Committee; May 26, 2017, House
554		-	granted request of the Senate; May 28, 2017, Senate adopted
555		-	Conference Committee Report by the following vote: Yeas 31,
556		-	Nays 0.
557		-	______________________________
558		-	Secretary of the Senate
559		-	I hereby certify that S.B. No. 319 passed the House, with
560		-	amendments, on May 18, 2017, by the following vote: Yeas 145,
561		-	Nays 0, two present not voting; May 26, 2017, House granted request
562		-	of the Senate for appointment of Conference Committee;
563		-	May 27, 2017, House adopted Conference Committee Report by the
564		-	following vote: Yeas 102, Nays 36, two present not voting.
565		-	______________________________
566		-	Chief Clerk of the House
567		-	Approved:
568		-	______________________________
569		-	Date
570		-	______________________________
571		-	Governor
	452	+	SECTION 27. This Act takes effect September 1, 2017.