Texas 2019 - 86th Regular

Texas Senate Bill SB1144 Compare Versions

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

Old	New	Differences
1	1	86R12048 MAW-D
2	2	By: Watson S.B. No. 1144
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the disciplinary authority of the State Board of
8	8	Veterinary Medical Examiners.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 801.402, Occupations Code, is amended to
11	11	read as follows:
12	12	Sec. 801.402. GENERAL GROUNDS FOR LICENSE DENIAL OR
13	13	DISCIPLINARY ACTION. A person is subject to denial of a license or
14	14	to disciplinary action under Section 801.401 if the person:
15	15	(1) presents to the board dishonest or fraudulent
16	16	evidence of the person's qualifications;
17	17	(2) commits fraud or deception in the examination
18	18	process or to obtain a license;
19	19	(3) is chronically or habitually intoxicated,
20	20	chemically dependent, or addicted to drugs or has improperly
21	21	obtained, possessed, used, or distributed a habit-forming drug or
22	22	narcotic;
23	23	(4) engages in dishonest or illegal practices in, or
24	24	connected with, the practice of veterinary medicine or the practice
25	25	of equine dentistry;
26	26	(5) is convicted of a felony under the laws of this
27	27	state, another state, or the United States;
28	28	(6) engages in practices or conduct that violates the
29	29	board's rules of professional conduct;
30	30	(7) permits another to use the person's license to
31	31	practice veterinary medicine or to practice equine dentistry in
32	32	this state;
33	33	(8) fraudulently issues a health certificate,
34	34	vaccination certificate, test chart, or other form used in the
35	35	practice of veterinary medicine or the practice of equine dentistry
36	36	that relates to the presence or absence of animal disease;
37	37	(9) issues a false certificate relating to the sale
38	38	for human consumption of inedible animal products;
39	39	(10) commits fraud in connection with the application
40	40	or reporting of a test of animal disease;
41	41	(11) pays or receives a kickback, rebate, bonus, or
42	42	other remuneration for treating an animal or for referring a client
43	43	to another provider of veterinary or equine dental services or
44	44	goods;
45	45	(12) performs or prescribes unnecessary or
46	46	unauthorized treatment;
47	47	(13) orders a prescription drug or controlled
48	48	substance for the treatment of an animal without first establishing
49	49	a veterinarian-client-patient relationship;
50	50	(14) refuses to admit a board representative to
51	51	inspect the person's client and patient records and business
52	52	premises during regular business hours;
53	53	(15) fails to keep the person's equipment and business
54	54	premises in a sanitary condition;
55	55	(16) commits gross malpractice or a pattern of acts
56	56	that indicate consistent malpractice, negligence, or incompetence
57	57	in the practice of veterinary medicine or the practice of equine
58	58	dentistry;
59	59	(17) is subject to disciplinary action in another
60	60	jurisdiction, including the suspension, probation, or revocation
61	61	of a license to practice veterinary medicine or to practice equine
62	62	dentistry issued by another jurisdiction;
63	63	(18) is convicted for an offense under Section 42.09,
64	64	42.091, or 42.092, Penal Code;
65	65	(19) represents the person as a veterinarian without a
66	66	license issued under this chapter;
67	67	(20) practices veterinary medicine or assists in the
68	68	practice of veterinary medicine without a license issued under this
69	69	chapter; or
70	70	(21) violates Section 801.353 or a rule adopted by the
71	71	board related to confidentiality.
72	72	SECTION 2. Subchapter I, Chapter 801, Occupations Code, is
73	73	amended by adding Section 801.4025 to read as follows:
74	74	Sec. 801.4025. SUBMISSION TO MENTAL OR PHYSICAL EVALUATION.
75	75	(a) In enforcing Section 801.402(3) the board, on probable cause as
76	76	determined by the board, may request an applicant for or holder of a
77	77	license to submit to a mental or physical evaluation by a physician
78	78	or other health care professional designated by the board.
79	79	(b) If the applicant or license holder refuses to submit to
80	80	the evaluation under Subsection (a), the board shall issue an order
81	81	requiring the applicant or license holder to show cause why the
82	82	applicant or license holder will not submit to the evaluation. The
83	83	board shall schedule a hearing on the order not later than the 30th
84	84	day after the date notice is served on the applicant or license
85	85	holder. The board shall notify the applicant or license holder of
86	86	the order and hearing by personal service or certified mail, return
87	87	receipt requested.
88	88	(c) At the hearing, the applicant or license holder and the
89	89	applicant's or license holder's attorney are entitled to present
90	90	testimony or other evidence to show why the applicant or license
91	91	holder should not be required to submit to the evaluation. The
92	92	applicant or license holder has the burden of proof to show why the
93	93	applicant or license holder should not be required to submit to the
94	94	evaluation.
95	95	(d) After the hearing, the board by order shall require the
96	96	applicant or license holder to submit to the evaluation not later
97	97	than the 60th day after the date of the order or withdraw the
98	98	request for an evaluation.
99	99	SECTION 3. Section 801.402, Occupations Code, as amended by
100	100	this Act, applies only to conduct that occurs on or after the
101	101	effective date of this Act. Conduct that occurs before the
102	102	effective date of this Act is governed by the law in effect on the
103	103	date the conduct occurred, and the former law is continued in effect
104	104	for that purpose.
105	105	SECTION 4. This Act takes effect September 1, 2019.