86R12048 MAW-D
By: Watson S.B. No. 1144
A BILL TO BE ENTITLED
AN ACT
relating to the disciplinary authority of the State Board of
Veterinary Medical Examiners.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 801.402, Occupations Code, is amended to
read as follows:
Sec. 801.402. GENERAL GROUNDS FOR LICENSE DENIAL OR
DISCIPLINARY ACTION. A person is subject to denial of a license or
to disciplinary action under Section 801.401 if the person:
(1) presents to the board dishonest or fraudulent
evidence of the person's qualifications;
(2) commits fraud or deception in the examination
process or to obtain a license;
(3) is chronically or habitually intoxicated,
chemically dependent, or addicted to drugs or has improperly
obtained, possessed, used, or distributed a habit-forming drug or
narcotic;
(4) engages in dishonest or illegal practices in, or
connected with, the practice of veterinary medicine or the practice
of equine dentistry;
(5) is convicted of a felony under the laws of this
state, another state, or the United States;
(6) engages in practices or conduct that violates the
board's rules of professional conduct;
(7) permits another to use the person's license to
practice veterinary medicine or to practice equine dentistry in
this state;
(8) fraudulently issues a health certificate,
vaccination certificate, test chart, or other form used in the
practice of veterinary medicine or the practice of equine dentistry
that relates to the presence or absence of animal disease;
(9) issues a false certificate relating to the sale
for human consumption of inedible animal products;
(10) commits fraud in connection with the application
or reporting of a test of animal disease;
(11) pays or receives a kickback, rebate, bonus, or
other remuneration for treating an animal or for referring a client
to another provider of veterinary or equine dental services or
goods;
(12) performs or prescribes unnecessary or
unauthorized treatment;
(13) orders a prescription drug or controlled
substance for the treatment of an animal without first establishing
a veterinarian-client-patient relationship;
(14) refuses to admit a board representative to
inspect the person's client and patient records and business
premises during regular business hours;
(15) fails to keep the person's equipment and business
premises in a sanitary condition;
(16) commits gross malpractice or a pattern of acts
that indicate consistent malpractice, negligence, or incompetence
in the practice of veterinary medicine or the practice of equine
dentistry;
(17) is subject to disciplinary action in another
jurisdiction, including the suspension, probation, or revocation
of a license to practice veterinary medicine or to practice equine
dentistry issued by another jurisdiction;
(18) is convicted for an offense under Section 42.09,
42.091, or 42.092, Penal Code;
(19) represents the person as a veterinarian without a
license issued under this chapter;
(20) practices veterinary medicine or assists in the
practice of veterinary medicine without a license issued under this
chapter; or
(21) violates Section 801.353 or a rule adopted by the
board related to confidentiality.
SECTION 2. Subchapter I, Chapter 801, Occupations Code, is
amended by adding Section 801.4025 to read as follows:
Sec. 801.4025. SUBMISSION TO MENTAL OR PHYSICAL EVALUATION.
(a) In enforcing Section 801.402(3) the board, on probable cause as
determined by the board, may request an applicant for or holder of a
license to submit to a mental or physical evaluation by a physician
or other health care professional designated by the board.
(b) If the applicant or license holder refuses to submit to
the evaluation under Subsection (a), the board shall issue an order
requiring the applicant or license holder to show cause why the
applicant or license holder will not submit to the evaluation. The
board shall schedule a hearing on the order not later than the 30th
day after the date notice is served on the applicant or license
holder. The board shall notify the applicant or license holder of
the order and hearing by personal service or certified mail, return
receipt requested.
(c) At the hearing, the applicant or license holder and the
applicant's or license holder's attorney are entitled to present
testimony or other evidence to show why the applicant or license
holder should not be required to submit to the evaluation. The
applicant or license holder has the burden of proof to show why the
applicant or license holder should not be required to submit to the
evaluation.
(d) After the hearing, the board by order shall require the
applicant or license holder to submit to the evaluation not later
than the 60th day after the date of the order or withdraw the
request for an evaluation.
SECTION 3. Section 801.402, Occupations Code, as amended by
this Act, applies only to conduct that occurs on or after the
effective date of this Act. Conduct that occurs before the
effective date of this Act is governed by the law in effect on the
date the conduct occurred, and the former law is continued in effect
for that purpose.
SECTION 4. This Act takes effect September 1, 2019.