Texas 2019 - 86th Regular

Texas House Bill HB2787 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Springer, Raymond, Kacal H.B. No. 2787
	1	+	86R7062 SOS-F
	2	+	By: Springer H.B. No. 2787
2	3
3	4
4	5		A BILL TO BE ENTITLED
5	6		AN ACT
6	7		relating to certain confidential or privileged information related
7		-	to veterinary care or treatment and to the liability of volunteer
8		-	certified veterinary assistants, licensed veterinary technicians,
9		-	or veterinarians who provide medical assistance to an injured
10		-	animal in certain situations.
	8	+	to veterinary care or treatment.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 801.353, Occupations Code, is amended by
13	11		adding Subsections (d-2) and (f-1) and amending Subsection (g) to
14	12		read as follows:
15	13		(d-2) The privilege provided by this section is waived by
16	14		the client or the owner of the animal treated by the veterinarian
17	15		with respect to information regarding the animal's care and
18	16		treatment by the veterinarian that the client or owner publishes in
19		-	a public forum if:
20		-	(1) the information shared by the client or owner in
21		-	the public forum is false with respect to the veterinarian;
22		-	(2) any information shared by the veterinarian in
23		-	response is limited to factual information of which the
24		-	veterinarian has knowledge that directly refutes the false
25		-	information shared by the client or owner in the public forum; and
26		-	(3) the veterinarian does not share any personally
27		-	identifiable information of a client or owner other than the full
28		-	name of the client or owner.
	17	+	a public forum.
29	18		(f-1) A veterinarian does not violate this section by
30	19		providing to a veterinarian or an appropriate governmental entity
31	20		information regarding:
32	21		(1) the prescribing, dispensing, or requesting of a
33	22		controlled substance; or
34	23		(2) cruelty to or an attack of an animal.
35	24		(g) A public health authority or other governmental entity
36	25		that receives information under Subsection (f) or (f-1) shall
37	26		maintain the confidentiality of the information, may not disclose
38	27		the information under Chapter 552, Government Code, and may not use
39	28		the information for a purpose that does not directly relate to law
40	29		enforcement or the protection of public health and safety.
41		-	SECTION 2. (a) Title 4, Civil Practice and Remedies Code,
42		-	is amended by adding Chapter 91B to read as follows:
43		-	CHAPTER 91B. LIABILITY OF VOLUNTEER VETERINARY PRACTITIONERS
44		-	Sec. 91B.001. DEFINITIONS. In this chapter, "certified
45		-	veterinary assistant," "licensed veterinary technician," and
46		-	"veterinarian" have the meanings assigned by Section 801.002,
47		-	Occupations Code.
48		-	Sec. 91B.002. IMMUNITY FROM LIABILITY. (a) Except as
49		-	provided by Section 91B.003, a certified veterinary assistant,
50		-	licensed veterinary technician, or veterinarian who in good faith
51		-	and as a volunteer provides medical assistance to an injured animal
52		-	is immune from civil liability for an act or omission that occurs in
53		-	providing that medical assistance if the medical assistance is
54		-	provided:
55		-	(1) in response to an incident that is a man-made or
56		-	natural disaster that injures, endangers, or threatens to endanger
57		-	the animal;
58		-	(2) at the request of the owner of the animal or an
59		-	authorized representative of a local, state, or federal agency,
60		-	including a fire department, a police department, an emergency
61		-	management agency, or a disaster response agency; and
62		-	(3) within the scope of practice authorized and level
63		-	of supervision required under Chapter 801, Occupations Code.
64		-	(b) This section does not apply to a certified veterinary
65		-	assistant, licensed veterinary technician, or veterinarian giving
66		-	medical assistance for or in expectation of compensation from or on
67		-	behalf of the owner of the animal in excess of reimbursement for
68		-	expenses incurred.
69		-	Sec. 91B.003. APPLICABILITY. This chapter does not apply
70		-	to an act or omission that is grossly negligent or intentional
71		-	misconduct.
72		-	(b) Chapter 91B, Civil Practice and Remedies Code, as added
73		-	by this Act, does not apply to a cause of action that accrued before
74		-	the effective date of this Act. A cause of action that accrued
75		-	before the effective date of this Act is governed by the law
76		-	applicable to the cause of action immediately before the effective
77		-	date of this Act, and that law is continued in effect for that
78		-	purpose.
79		-	SECTION 3. Section 801.353, Occupations Code, as amended by
	30	+	SECTION 2. Section 801.353, Occupations Code, as amended by
80	31		this Act, applies only to the disclosure or release of information
81	32		under that section on or after the effective date of this Act. The
82	33		disclosure or release of information before that date is governed
83	34		by the law in effect on the date of the disclosure or release, and
84	35		the former law is continued in effect for that purpose.
85		-	SECTION 4. This Act takes effect September 1, 2019.
	36	+	SECTION 3. This Act takes effect September 1, 2019.