87R7432 JES-F
By: Kacal, Guillen H.B. No. 2850
A BILL TO BE ENTITLED
AN ACT
relating to the liability of certain volunteers who provide
veterinary care or treatment and certain confidential or privileged
information related to veterinary care or treatment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Civil Practice and Remedies Code, is
amended by adding Chapter 91B to read as follows:
CHAPTER 91B. LIABILITY OF VOLUNTEER VETERINARY PRACTITIONERS
Sec. 91B.001. DEFINITIONS. In this chapter, "certified
veterinary assistant," "licensed veterinary technician," and
"veterinarian" have the meanings assigned by Section 801.002,
Occupations Code.
Sec. 91B.002. IMMUNITY FROM LIABILITY. (a) Except as
provided by Section 91B.003, a certified veterinary assistant,
licensed veterinary technician, or veterinarian who in good faith
and as a volunteer provides veterinary care or treatment to an
injured animal is immune from civil liability for an act or omission
that occurs in providing that care or treatment if the care or
treatment is provided:
(1) in response to an incident that is a man-made or
natural disaster that injures, endangers, or threatens to endanger
the animal;
(2) at the request of the owner of the animal or an
authorized representative of a local, state, or federal agency,
including a fire department, a police department, an emergency
management agency, or a disaster response agency; and
(3) within the scope of practice authorized and level
of supervision required under Chapter 801, Occupations Code.
(b) This section does not apply to a certified veterinary
assistant, licensed veterinary technician, or veterinarian giving
veterinary care or treatment for or in expectation of compensation
from or on behalf of the owner of the animal in excess of
reimbursement for expenses incurred.
Sec. 91B.003. APPLICABILITY. This chapter does not apply
to an act or omission that is grossly negligent or intentional
misconduct.
SECTION 2. Section 801.353, Occupations Code, is amended by
adding Subsections (d-2) and (f-1) and amending Subsection (g) to
read as follows:
(d-2) The privilege provided by this section is waived by
the client or the owner of the animal treated by the veterinarian
with respect to information regarding the animal's care and
treatment by the veterinarian that the client or owner publishes in
a public forum if:
(1) the information shared by the client or owner in
the public forum is false with respect to the veterinarian;
(2) any information shared by the veterinarian in
response is limited to factual information of which the
veterinarian has knowledge that directly refutes the false
information shared by the client or owner in the public forum; and
(3) the veterinarian does not share any personally
identifiable information of a client or owner other than the full
name of the client or owner.
(f-1) A veterinarian does not violate this section by
providing to a veterinarian or an appropriate governmental entity
information regarding:
(1) the prescribing, dispensing, or requesting of a
controlled substance; or
(2) cruelty to or an attack of an animal.
(g) A public health authority or other governmental entity
that receives information under Subsection (f) or (f-1) shall
maintain the confidentiality of the information, may not disclose
the information under Chapter 552, Government Code, and may not use
the information for a purpose that does not directly relate to law
enforcement or the protection of public health and safety.
SECTION 3. Chapter 91B, Civil Practice and Remedies Code,
as added by this Act, does not apply to a cause of action that
accrued before the effective date of this Act. A cause of action
that accrued before the effective date of this Act is governed by
the law applicable to the cause of action immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 4. Section 801.353, Occupations Code, as amended by
this Act, applies only to the disclosure or release of information
under that section on or after the effective date of this Act. The
disclosure or release of information before that date is governed
by the law in effect on the date of the disclosure or release, and
the former law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2021.