Texas 2025 - 89th Regular

Texas House Bill HB1550 Compare Versions

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

Old	New	Differences
1	1	89R17944 TYPED
2	2	By: Kitzman H.B. No. 1550
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of veterinary professionals and
10	10	facilities by the State Board of Veterinary Medical Examiners and
11	11	the temporary administration of the board by the Department of
12	12	Licensing and Regulation
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 801.002, Occupations Code, is amended to
15	15	add Subsection (6-b) to read as follows:
16	16	(6-b) "Veterinary medical facility" means a location,
17	17	including a building, portion of a building, or vehicle, in which
18	18	the practice of veterinary medicine normally takes place or is
19	19	provided.
20	20	SECTION 2. Sections 801.023(a) and (b), Occupations Code,
21	21	are amended to read as follows:
22	22	(a) The executive director of the department shall direct
23	23	and may dismiss the board's executive director [of the board], and
24	24	has authority relating to personnel actions as if the board's
25	25	executive director were an employee of the department. The
26	26	presiding officer of the commission shall appoint a replacement
27	27	executive director of the board if necessary.
28	28	(b) Subject to Subsection (a), the executive director of the
29	29	board is responsible for the administration of licensing,
30	30	enforcement, financial services, human resources, and workforce
31	31	development duties of the board, including:
32	32	(1) accounts payable and accounts receivable;
33	33	(2) budgeting, inventory, and asset management;
34	34	(3) payroll;
35	35	(4) personnel and labor issues;
36	36	(5) purchasing;
37	37	(6) recruitment, evaluation, selection, training, and
38	38	promotion of personnel;
39	39	(7) submitting required reports regarding finances,
40	40	performance measures, strategic planning, legislative
41	41	appropriations requests, operating budgets, and similar
42	42	information as required by law;
43	43	(8) legal support services, including responding to
44	44	requests for public information; and
45	45	(9) information technology and support.
46	46	SECTION 3. Section 801.101, Occupations Code, is amended to
47	47	read as follows:
48	48	Sec. 801.101. EXECUTIVE DIRECTOR. The board shall appoint
49	49	[may employ] an executive director. The executive director serves
50	50	at the will of the board.
51	51	SECTION 4. Section 801.102, Occupations Code, is amended to
52	52	read as follows:
53	53	Sec. 801.102. [CERTAIN DUTIES OF] EXECUTIVE DIRECTOR POWERS
54	54	AND DUTIES. (a) The executive director shall [is responsible for]:
55	55	(1) perform any duties assigned by the board and other
56	56	duties specified by law;
57	57	(2) administer and enforce the board's programs; and
58	58	(3) issue licenses regulated by the board.
59	59	[(1) safekeeping the money collected under this
60	60	chapter; and
61	61	(2) properly disbursing the veterinary fund account
62	62	established by this chapter.]
63	63	(b) The executive director may:
64	64	(1) delegate any power or duty assigned to the
65	65	executive director unless prohibited by law; and
66	66	(2) issue emergency orders and cease and desist orders
67	67	as provided by this chapter.
68	68	[(b) Repealed by Acts 2003, 78th Leg., ch. 285, Sec.
69	69	31(39).]
70	70	SECTION 5. Section 801.103, Occupations Code, is amended to
71	71	read as follows:
72	72	Sec. 801.103. PERSONNEL. The board may employ personnel to
73	73	administer this chapter and may prescribe their duties and
74	74	compensation, subject to the personnel policies and budget approved
75	75	by the board.
76	76	SECTION 6. Subchapter D, Chapter 801, Occupations Code, is
77	77	amended by adding Section 801.150 to read as follows:
78	78	Sec. 801.150. GENERAL POWERS AND DUTIES OF BOARD. The board
79	79	shall:
80	80	(1) supervise the executive director's administration
81	81	of this chapter;
82	82	(2) formulate policy objectives for the board; and
83	83	(3) approve the board's operating budget and requests
84	84	for legislative appropriations.
85	85	SECTION 7. Sections 801.151(a) and (b), Occupations Code,
86	86	are amended to read as follows:
87	87	(a) The board shall [may] adopt rules as necessary to
88	88	administer this chapter.
89	89	(b) The board shall [may] adopt rules of professional
90	90	conduct appropriate to establish and maintain a high standard of
91	91	integrity, skills, and practice in the veterinary medicine
92	92	profession.
93	93	SECTION 8. Section 801.156, Occupations Code, is amended to
94	94	read as follows:
95	95	Sec. 801.156. DATA; PUBLIC ACCESS [REGISTRY]. (a) The
96	96	board shall maintain an electronic system allowing it to provide
97	97	accurate reporting of information relating to license holders and
98	98	applicants, complaints, enforcement actions, investigations, and
99	99	inspections [a record of each license holder's:
100	100	(1) name;
101	101	(2) residence address; and
102	102	(3) business address].
103	103	(b) The board shall provide on its public-facing website:
104	104	(1) a feature allowing users to verify a license
105	105	holder's license status, determine whether the license holder is
106	106	currently subject to disciplinary action, and review relevant
107	107	disciplinary orders; and
108	108	(2) data, updated at least quarterly, summarizing the
109	109	number, type, and disposition of complaints received during the
110	110	fiscal year.
111	111	[(b) A license holder shall notify the board of a change of
112	112	business address or employer not later than the 60th day after the
113	113	date the change takes effect.]
114	114	SECTION 9. Section 801.157, Occupations Code, is amended to
115	115	add Subsection (c) to read as follows:
116	116	(c) The board shall provide information on its website
117	117	directing licensed veterinarians to approved peer assistance
118	118	programs.
119	119	SECTION 10. Sections 801.158(a) and (c), Occupations Code,
120	120	are amended to read as follows:
121	121	(a) The board or executive director may request and, if
122	122	necessary, compel by subpoena:
123	123	(1) the attendance of witnesses for examination under
124	124	oath; and
125	125	(2) the production for inspection or copying of books,
126	126	accounts, records, papers, correspondence, documents, and other
127	127	evidence relevant to an investigation of an alleged violation of
128	128	this chapter.
129	129	(c) An action filed under this section must be filed in a
130	130	district court in Travis County or any other county in which the
131	131	department may hold a hearing. [Venue for an action brought under
132	132	Subsection (b) is in a district court in:
133	133	(1) Travis County; or
134	134	(2) any county in which the board may hold a hearing.]
135	135	SECTION 11. Section 801.161, Occupations Code, is amended
136	136	to read as follows:
137	137	Sec. 801.161. USE OF TECHNOLOGY. (a) The board shall
138	138	implement a policy requiring the board to use appropriate
139	139	technological solutions to improve the board's ability to perform
140	140	its functions. The policy must ensure that the public is able to
141	141	interact with the board on the Internet.
142	142	(b) The board may by rule require an applicant or license
143	143	holder to provide an e-mail address for purposes of receiving
144	144	correspondence. An e-mail address provided under this section is
145	145	confidential and is not subject to disclosure under Chapter 552,
146	146	Government Code.
147	147	(c) Notwithstanding any other law, the board may by rule
148	148	provide that service of any notice, order, or pleading required
149	149	under this chapter or under Chapter 2001, Government Code, may be
150	150	made electronically to the e-mail address provided pursuant to
151	151	subsection (b).
152	152	SECTION 12. Section 801.163(d), Occupations Code, is
153	153	amended to read as follows:
154	154	(d) Notwithstanding any other law, [To the extent of any
155	155	conflict with] Chapter 2110, Government Code, does not apply to an
156	156	advisory committee appointed under this section [and board rules
157	157	adopted under this section control].
158	158	SECTION 13. Subchapter D, Chapter 801, Occupations Code, is
159	159	amended by adding Section 801.1631 to read as follows:
160	160	Sec. 801.1631. INSPECTIONS AND INVESTIGATIONS. (a) The
161	161	board may conduct inspections or investigations as necessary to
162	162	enforce the laws administered by the board.
163	163	(b) To perform its functions under subsection (a), the board
164	164	may, during reasonable business hours:
165	165	(1) enter a veterinary medical facility or other
166	166	business premises of a person regulated by the board, or of a person
167	167	suspected of being in violation of, or threatening to violate, a law
168	168	administered by the board, or a rule or order of the board or
169	169	executive director; and
170	170	(2) examine and copy records pertinent to the
171	171	inspection or investigation.
172	172	(c) The board may take a disciplinary action authorized by
173	173	this chapter for a violation identified during an inspection.
174	174	SECTION 14. Section 801.164, Occupations Code, is amended
175	175	to read as follows:
176	176	Sec. 801.164. RISK-BASED INSPECTIONS [RELATED TO
177	177	CONTROLLED SUBSTANCES PRACTICES]. (a) The board shall [may]
178	178	[conduct a inspection] prioritize inspections relating to key risk
179	179	factors identified by the board, including previous violations by
180	180	the license holder or [of a veterinarian's practice based on]
181	181	information [obtained from the veterinarian or another source]
182	182	concerning a [the] veterinarian's use, handling, prescribing,
183	183	dispensing, or delivery of controlled substances.
184	184	(b) The board may use alternative inspection methods,
185	185	including videoconference or similar technology, instead of
186	186	conducting an in-person inspection in circumstances the board
187	187	considers appropriate.
188	188	SECTION 15. Subchapter D, Chapter 801, Occupations Code, is
189	189	amended by adding Section 801.165 to read as follows:
190	190	Sec. 801.165. REFUND. (a) Subject to Subsection (b), the
191	191	board or executive director may order a license holder to pay a
192	192	refund to a consumer as provided in an agreed settlement, default
193	193	order, or board order instead of or in addition to imposing an
194	194	administrative penalty or sanction.
195	195	(b) The amount of a refund ordered under this section may
196	196	not exceed the amount the consumer paid to the license holder for a
197	197	service regulated by the board, and may not require payment of other
198	198	damages or estimate harm.
199	199	SECTION 16. Subchapter D, Chapter 801, Occupations Code, is
200	200	amended by adding Section 801.166 to read as follows:
201	201	Sec. 801.166. RECIPROCITY AGREEMENTS. The board, with
202	202	approval of the governor, may enter into an agreement with another
203	203	state to allow for licensing by reciprocity.
204	204	SECTION 17. Section 801.205, Occupations Code, is amended
205	205	to read as follows:
206	206	Sec. 801.205. GENERAL RULES REGARDING COMPLAINT
207	207	INVESTIGATION AND DISPOSITION. The board shall adopt rules
208	208	relating to the investigation and disposition of complaints filed
209	209	with the board. The rules must:
210	210	(1) distinguish between categories of complaints;
211	211	(2) ensure that complaints are not dismissed without
212	212	appropriate consideration; and
213	213	(3) require that the board be advised of a complaint
214	214	that is dismissed.[;
215	215	(4) ensure that the person who filed the complaint has
216	216	the opportunity to explain the allegations made in the complaint;
217	217	and
218	218	(5) prescribe guidelines concerning the categories of
219	219	complaints that require the use of a private investigator and the
220	220	procedures for the board to obtain the services of a private
221	221	investigator.]
222	222	SECTION 18. Section 801.2051, Occupations Code, is amended
223	223	to read as follows:
224	224	Sec. 801.2051. PRIORITY OF COMPLAINTS. The board shall
225	225	assign priorities and investigate complaints based on risk posed to
226	226	the public by the conduct alleged in the complaint. [The board shall
227	227	prioritize complaints to resolve the more serious complaints
228	228	first.]
229	229	SECTION 19. Section 801.2052, Occupations Code, is amended
230	230	to read as follows:
231	231	Sec. 801.2052. DISMISSAL OF BASELESS OR UNFOUNDED
232	232	COMPLAINT. (a) If the board determines at any time that an
233	233	allegation or complaint submitted by a person is baseless,
234	234	unfounded, or does not fall within the board's regulatory
235	235	jurisdiction, the board shall dismiss the complaint. [If, before
236	236	the 180th day after the date the board's official investigation of a
237	237	complaint is commenced, the board determines in accordance with
238	238	rules adopted under this section that a complaint filed with the
239	239	board is baseless or unfounded, the board shall:
240	240	(1) dismiss the complaint; and
241	241	(2) include a statement in the record of the complaint
242	242	that the complaint was dismissed because the complaint was baseless
243	243	or unfounded.]
244	244	(b) The board shall adopt rules to implement this section
245	245	and establish criteria for determining that a complaint is baseless
246	246	or unfounded.
247	247	SECTION 20. Section 801.2055, Occupations Code, is amended
248	248	to add Subsection (c-1) and to amend Subsection (d) as follows:
249	249	(c-1) The board may contract with a qualified individual to
250	250	assist in reviewing or investigating complaints requiring medical
251	251	expertise. Except for an act involving fraud, conspiracy, or
252	252	malice, an individual with whom the board contracts under this
253	253	subsection is immune from liability or from disciplinary action
254	254	under this chapter and may not be subject to a suit for damages for
255	255	any act arising from the performance of the individual's duties in:
256	256	(1) participating in an informal conference to
257	257	determine the facts of a complaint;
258	258	(2) offering an expert opinion or technical guidance
259	259	on an alleged violation of this chapter or of a rule or order issued
260	260	by the board or executive director;
261	261	(3) testifying at a hearing regarding a complaint; or
262	262	(4) making an evaluation, report, or recommendation
263	263	regarding a complaint.
264	264	(d) A veterinarian board member who reviews a complaint
265	265	under this section may not [participate in] deliberate or vote in
266	266	any subsequent disciplinary proceeding related to the complaint.
267	267	SECTION 21. Section 801.2056, Occupations Code, is amended
268	268	to read as follows:
269	269	Sec. 801.2056. COMPLAINTS NOT REQUIRING MEDICAL EXPERTISE.
270	270	[(a)] The board shall adopt rules relating to the evaluation and
271	271	disposition of complaints not requiring medical expertise. [The
272	272	board may delegate to a committee of board staff the authority to
273	273	dismiss or enter into an agreed settlement of a complaint that does
274	274	not require medical expertise. The disposition determined by the
275	275	committee must be approved by the board at a public meeting.
276	276	(b) A complaint delegated under this section shall be
277	277	referred for informal proceedings under Section 801.408 if:
278	278	(1) the committee determines that the complaint should
279	279	not be dismissed or settled;
280	280	(2) the committee is unable to reach an agreed
281	281	settlement; or
282	282	(3) the license holder who is the subject of the
283	283	complaint requests that the complaint be referred for informal
284	284	proceedings.]
285	285	SECTION 22. Section 801.207, Occupations Code, is amended
286	286	to read as follows:
287	287	Sec. 801.207. CONFIDENTIALITY [PUBLIC RECORD; EXCEPTION].
288	288	(a) Except as otherwise provided by this section, a complaint and
289	289	investigation concerning a person to whom this chapter applies, and
290	290	all information and materials subpoenaed or compiled by the board
291	291	in connection with the complaint and investigation, are
292	292	confidential and not subject to:
293	293	(1) disclosure under Chapter 552, Government Code; or
294	294	(2) disclosure, discovery, subpoena, or other means of
295	295	legal compulsion for their release to any person.
296	296	[Except as provided by Subsection (b), a board record is a
297	297	public record and is available for public inspection during normal
298	298	business hours.]
299	299	(b) Notwithstanding subsection (a), the board may disclose
300	300	information regarding a complaint or investigation to:
301	301	(1) a person providing testimony or review on the
302	302	board's behalf in a disciplinary proceeding;
303	303	(2) a respondent or the respondent's authorized
304	304	representative;
305	305	(3) a professional licensing, credentialing, or
306	306	disciplinary entity;
307	307	(4) a peer assistance program approved by the board
308	308	pursuant to Section 801.157;
309	309	(5) a law enforcement agency; or
310	310	(6) a person engaged in bona fide research, if all
311	311	individual-identifying information has been deleted.
312	312	[Except as provided by Subsection (b-1), each complaint,
313	313	investigation file and record, and other investigation report and
314	314	all other investigative information in the possession of or
315	315	received or gathered by the board or the board's employees or agents
316	316	relating to a license holder, an application for license, or a
317	317	criminal investigation or proceeding is privileged and
318	318	confidential and is not subject to discovery, subpoena, or other
319	319	means of legal compulsion for release to anyone other than the board
320	320	or the board's employees or agents involved in discipline of a
321	321	license holder.]
322	322	(b-1) Not later than the 14th day before the date of an
323	323	informal proceeding under Section 801.408, the board shall provide
324	324	to the license holder who is the subject of the complaint a copy of
325	325	the record of any review conducted under Section 801.2055 of a
326	326	complaint requiring medical expertise. The board shall redact the
327	327	name of each veterinarian who conducted the review.
328	328	(c) Except as provided by Subsection (b-1), the board shall
329	329	protect the identity of a complainant to the extent possible.
330	330	(d) Not later than the 30th day after the date of receipt of
331	331	a written request from a license holder who is the subject of a
332	332	formal complaint initiated and filed under this subchapter or from
333	333	the license holder's counsel of record, and subject to any other
334	334	privilege or restriction set forth by rule, statute, or legal
335	335	precedent, and unless good cause is shown for delay, the board shall
336	336	provide the license holder with access to all information in its
337	337	possession that the board intends to offer into evidence in
338	338	presenting its case in chief at the contested hearing on the
339	339	complaint. The board is not required to provide:
340	340	(1) a board investigative report or memorandum;
341	341	(2) the identity of a nontestifying complainant; or
342	342	(3) attorney-client communications, attorney work
343	343	product, or other materials covered by a privilege recognized by
344	344	the Texas Rules of Civil Procedure or the Texas Rules of Evidence.
345	345	(e) Furnishing information under Subsection (d) does not
346	346	constitute a waiver of privilege or confidentiality under this
347	347	chapter or other applicable law.
348	348	(f) The board may not be compelled to release or disclose
349	349	complaint and investigation information or materials to a person
350	350	listed in Subsection (b) if the board has not issued a notice of
351	351	alleged violation related to the information or materials.
352	352	(g) Notices of alleged violation and disciplinary orders,
353	353	including warnings and reprimands, issued by the board are not
354	354	confidential and are subject to disclosure in accordance with
355	355	Chapter 552, Government Code.
356	356	(h) Notwithstanding any other provision of this section, if
357	357	an investigation would be jeopardized by the disclosure of
358	358	information relating to a complaint or investigation, the board may
359	359	temporarily withhold or otherwise refrain from disclosing to any
360	360	person any information or materials that the board would otherwise
361	361	be required to disclose.
362	362	SECTION 23. Section 801.208(d), Occupations Code, is
363	363	amended to read as follows:
364	364	(d) The notification may not include information that is
365	365	confidential under Section 801.207[(b)].
366	366	SECTION 24. Section 801.253, Occupations Code, as amended
367	367	by Acts 2011, 82nd Leg., R.S., Ch. 940 (H.B. 414), Sec. 9, is
368	368	reenacted and amended to read as follows:
369	369	(a) The board shall conduct licensing examinations for
370	370	veterinarians as provided by board rule. [The board shall conduct
371	371	the examination at a time and place the board determines is
372	372	convenient for applicants.]
373	373	(b) The board shall provide notice of a licensing
374	374	examination on its internet website [by publication in a newspaper
375	375	or periodical.
376	376	(c) The board shall examine each qualified applicant who
377	377	attends the examination.]
378	378	SECTION 25. Section 801.406, Occupations Code, is amended
379	379	to read as follows:
380	380	Sec. 801.406. REINSTATEMENT AFTER [REQUIRED DISCIPLINARY
381	381	ACTION FOR] CERTAIN FELONY CONVICTIONS. (a) If a person's license
382	382	has been revoked:
383	383	(1) by operation of law pursuant to Section 53.021(b),
384	384	Occupations Code, upon imprisonment after a conviction of a felony
385	385	under Chapter 481 or 483 of the Health and Safety Code; or
386	386	(2) by the board upon conviction of a license holder of
387	387	an offense under Section 485.033, Health and Safety Code, or of any
388	388	offense under Chapter 481 or 483 of that code,
389	389	[On conviction of a license holder of a felony under Section
390	390	485.033, Health and Safety Code, or Chapter 481 or 483 of that code,
391	391	the board shall, after conducting an administrative hearing in
392	392	which the fact of conviction is determined, impose a penalty as
393	393	provided by Section 801.401. The board shall set the amount of the
394	394	penalty to match the seriousness of the conviction.
395	395	(b) Repealed by Acts 2005, 79th Leg., Ch. 27, Sec. 27(2),
396	396	eff. September 1, 2005.
397	397	(c) The] the board may reinstate or reissue the [a] license
398	398	[suspended or revoked under this section] only upon determining [on
399	399	an express determination based on substantial evidence contained in
400	400	an investigative report indicating] that reinstatement or
401	401	reissuance of the license is in the best interests of [:
402	402	(1) ]the public[;] and
403	403	[(2)] the person whose license has been [suspended or]
404	404	revoked.
405	405	SECTION 26. Section 801.407(d), Occupations Code, is
406	406	amended to read as follows:
407	407	(d) The board shall by rule prescribe notice procedures for
408	408	proceedings under this subchapter [The board may conduct
409	409	deliberations relating to a disciplinary action during executive
410	410	session. At the conclusion of those deliberations, the board shall
411	411	vote and announce its decision to the license holder in open
412	412	session].
413	413	SECTION 27. Section 801.408, Occupations Code, is amended
414	414	to read as follows:
415	415	Sec. 801.408. INFORMAL PROCEEDINGS. (a) The board by rule
416	416	shall adopt procedures governing:
417	417	(1) informal disposition of a contested case under
418	418	Section 2001.056, Government Code; and
419	419	(2) an informal proceeding held in compliance with
420	420	Section 2001.054, Government Code.
421	421	(b) Rules adopted under Subsection (a) must:
422	422	(1) provide the complainant and the license holder an
423	423	opportunity to be heard; and
424	424	(2) require the presence of a member of the board's
425	425	legal staff [general counsel] or a representative of the attorney
426	426	general during an informal proceeding to advise the board or the
427	427	board's employees.
428	428	(c) A committee of two or more veterinarian board members
429	429	and one or more public board members must be present at an informal
430	430	proceeding for a complaint that requires medical expertise. The
431	431	committee shall recommend enforcement action at the informal
432	432	proceeding.
433	433	[(d) A committee of board staff may recommend enforcement
434	434	action at an informal proceeding for a complaint that does not
435	435	require medical expertise or may refer the complaint to the
436	436	committee of board members under Subsection (c).
437	437	(e) At an informal proceeding under this section, and on
438	438	agreement with the license holder, the board may order the license
439	439	holder to refund an amount not to exceed the amount a client paid to
440	440	the license holder instead of or in addition to imposing an
441	441	administrative penalty under this chapter. The board may not
442	442	require payment of other damages or estimate harm under this
443	443	subsection.]
444	444	(d) [(f)] Before an informal disposition is effective, the
445	445	board must review and approve at a public meeting an informal
446	446	disposition of the complaint recommended by board members or board
447	447	staff.
448	448	SECTION 28. Subchapter I, Chapter 801, Occupations Code, is
449	449	amended by adding Section 801.4011 to read as follows:
450	450	Sec 801.4011. DEFERRED ACTION. (a) For any action or
451	451	complaint for which the board proposes to impose on a person a
452	452	sanction other than a reprimand or a denial, suspension, or
453	453	revocation of a license, the board may:
454	454	(1) defer the final action the board has proposed if
455	455	the person conforms to conditions imposed by the board, including
456	456	any condition the board could impose as a condition of probation
457	457	under Section 801.401; and
458	458	(2) if the person successfully meets the imposed
459	459	conditions, dismiss the complaint.
460	460	(b) Except as provided by this subsection, a deferred action
461	461	by the board is not confidential and is subject to disclosure in
462	462	accordance with Chapter 552, Government Code. If the person
463	463	successfully meets the conditions imposed by the board in deferring
464	464	final action and the board dismisses the action or complaint, the
465	465	deferred action of the board is confidential to the same extent as a
466	466	complaint is confidential under Section 801.207.
467	467	SECTION 29. Subchapter J, Chapter 801, Occupations Code, is
468	468	amended by adding Section 801.4521 to read as follows:
469	469	Sec. 801.4521. IMPOSITION OF SANCTION. A proceeding under
470	470	this subchapter imposing an administrative penalty may be combined
471	471	with a proceeding to impose an administrative sanction. If a
472	472	sanction is imposed in a proceeding under this subchapter, the
473	473	requirements of this subchapter apply to the imposition of the
474	474	sanction.
475	475	SECTION 30. Section 801.453(a), Occupations Code, is
476	476	amended to read as follows:
477	477	(a) On a determination by a committee described by Section
478	478	801.408(c) [or (d)] that a violation of this chapter or a rule
479	479	adopted or order issued under this chapter occurred, the committee
480	480	may issue a report to the board stating:
481	481	(1) the facts on which the determination is based; and
482	482	(2) the committee's recommendation on the imposition
483	483	of an administrative penalty, including a recommendation on the
484	484	amount of the penalty.
485	485	SECTION 31. Section 801.454, Occupations Code, is amended
486	486	to read as follows:
487	487	Sec. 801.454. PENALTY TO BE PAID OR HEARING REQUESTED [ON
488	488	COMMITTEE'S RECOMMENDATIONS]. (a) Not later than the 20th day
489	489	after the date a person receives a [the] notice of alleged
490	490	violation, the person may in writing:
491	491	(1) accept the board's [committee's] determination and
492	492	recommended administrative penalty; or
493	493	(2) request a hearing on the occurrence of the
494	494	violation, the amount of the penalty, or both.
495	495	(b) If the person accepts the board's [committee's]
496	496	determination and recommended penalty, the board by order shall
497	497	approve the determination and require the person to pay the
498	498	recommended penalty [may:
499	499	(1) approve the determination and impose the
500	500	recommended penalty;
501	501	(2) modify the determination or recommended penalty;
502	502	or
503	503	(3) reject the determination or recommended penalty].
504	504	SECTION 32. Section 801.455, Occupations Code, is amended
505	505	to read as follows:
506	506	Sec. 801.455. HEARING [ON COMMITTEE'S RECOMMENDATIONS].
507	507	(a) If a respondent requests a hearing pursuant to Section 801.407,
508	508	the hearing shall be conducted by the State Office of
509	509	Administrative Hearings [If the person requests a hearing or fails
510	510	to respond timely to the notice, the executive director shall set a
511	511	hearing and give notice of the hearing to the person].
512	512	(b) The State Office of Administrative Hearings shall
513	513	consider the board's applicable substantive rules and policies when
514	514	conducting a hearing under this subchapter [A hearing set by the
515	515	executive director under Subsection (a) shall be held by an
516	516	administrative law judge of the State Office of Administrative
517	517	Hearings].
518	518	(c) The administrative law judge shall:
519	519	(1) make findings of fact and conclusions of law; and
520	520	(2) promptly issue to the board a proposal for a
521	521	decision as to the occurrence of the violation, any recommended
522	522	license sanction, and the amount of any proposed administrative
523	523	penalty.
524	524	SECTION 33. Section 801.456(a), Occupations Code, is
525	525	amended to read as follows:
526	526	(a) Based on the findings of fact, conclusions of law, and
527	527	proposal for a decision under Section 801.455(c), the board by
528	528	order may determine that:
529	529	(1) a violation has occurred and impose a license
530	530	sanction, [an] administrative penalty, or both; or
531	531	(2) a violation did not occur.
532	532	SECTION 34. Section 801.457(a), Occupations Code, is
533	533	amended to read as follows:
534	534	(a) Not later than the 30th day after the date the board's
535	535	order becomes final, the person shall:
536	536	(1) pay the administrative penalty;
537	537	(2) pay the penalty and file a petition for judicial
538	538	review contesting the order [fact of the violation, the amount of
539	539	the penalty, or both]; or
540	540	(3) without paying the penalty, file a petition for
541	541	judicial review contesting the order [fact of the violation, the
542	542	amount of the penalty, or both].
543	543	SECTION 35. Section 801.502(b), Occupations Code, is
544	544	amended to read as follows:
545	545	(b) Venue for an action brought under this section is in a
546	546	district court in Travis County [Venue for an action under this
547	547	section is in:
548	548	(1) the county in which the person against whom the
549	549	action is brought resides, if the person is an individual who
550	550	resides in this state;
551	551	(2) the county of the defendant's principal office in
552	552	this state if the defendant is not an individual; or
553	553	(3) Travis County, if the person:
554	554	(A) is an individual who does not reside in this
555	555	state; or
556	556	(B) is an entity that does not have its principal
557	557	office in this state].
558	558	SECTION 36. Section 801.508, Occupations Code, is amended
559	559	to read as follows:
560	560	Sec. 801.508. CEASE AND DESIST ORDER. The board or
561	561	executive director may issue a cease and desist order upon
562	562	determining that it is necessary to prevent a violation of this
563	563	chapter, or of a rule adopted or order issued by the board.
564	564	[(a) If it appears to the board that a person is engaging in
565	565	an act or practice that constitutes the practice of veterinary
566	566	medicine without a license or the practice of equine dentistry
567	567	without a license under this chapter, the board, after notice and
568	568	opportunity for a hearing, may issue a cease and desist order
569	569	prohibiting the person from engaging in the activity.
570	570	(b) A violation of an order under this section constitutes
571	571	grounds for imposing an administrative penalty under Subchapter J.]
572	572	SECTION 37. Subchapter K, Chapter 801, Occupations Code, is
573	573	amended by adding Section 801.510 to read as follows:
574	574	Sec. 801.510. ISSUANCE OF EMERGENCY ORDERS. (a) Upon
575	575	determining that an emergency exists requiring immediate action to
576	576	protect the public health and safety, the board or executive
577	577	director may issue an emergency order to:
578	578	(1) suspend or revoke a license or other authorization
579	579	issued under a program regulated by the board; or
580	580	(2) halt operation of an unsafe veterinary medical
581	581	facility.
582	582	(b) The board or executive director may issue an emergency
583	583	order with or without notice and hearing. If an emergency order is
584	584	issued under this section without a hearing, the board shall set the
585	585	time and place for a hearing conducted by the State Office of
586	586	Administrative Hearings to affirm, modify, or set aside the
587	587	emergency order not later than the 17th day after the date the order
588	588	was issued. The order shall be affirmed to the extent that
589	589	reasonable cause existed to issue the order.
590	590	(c) A proceeding under this section is a contested case
591	591	under Chapter 2001, Government Code.
592	592	SECTION 38. Chapter 801, Occupations Code, is amended by
593	593	designating Sections 801.601 through 801.604 as Subchapter M and
594	594	adding a subchapter heading to read as follows:
595	595	SUBCHAPTER M. VETERINARY MEDICAL FACILITIES
596	596	Sec. 801.601. REGISTRATION OF VETERINARY MEDICAL
597	597	FACILITIES REQUIRED. (a) Veterinary medicine shall be practiced
598	598	only in or from a veterinary medical facility that is registered
599	599	with the board or that is exempted by rule from the registration
600	600	requirement. Unless exempted by this section or by board rule
601	601	adopted pursuant to this section, every individual facility must be
602	602	registered with the board.
603	603	(b) Subsection (a) does not apply to a facility maintained
604	604	or operated by the federal government.
605	605	(c) A mobile facility affiliated with a registered
606	606	veterinary medical facility is exempt from separate registration if
607	607	identified in the application for registration filed pursuant to
608	608	this subchapter.
609	609	(c) The board may by rule provide exemptions to the
610	610	registration requirement for facilities if it determines that
611	611	imposing or enforcing the requirement:
612	612	(1) is not cost-effective for the board;
613	613	(2) is not feasible with current resources or
614	614	standards; or
615	615	(3) will not substantially benefit or protect
616	616	consumers.
617	617	Sec. 801.602. REGISTRATION ELIGIBILITY AND APPLICATION.
618	618	(a) To register a veterinary medical facility, the business entity
619	619	providing services at the facility shall submit the application
620	620	provided by the board and pay the applicable fee established by the
621	621	board pursuant to Section 801.154. The application must be signed
622	622	by a person with authority to act on behalf of the entity.
623	623	(b) The facility shall, in its application for
624	624	registration:
625	625	(1) indicate the type of business entity that provides
626	626	services at the facility, and provide information regarding the
627	627	owners, partners, and operators of the entity as required by board
628	628	rule; and
629	629	(2) provide the names and license or registration
630	630	numbers of all persons who provide services at the facility and are
631	631	regulated by the board.
632	632	(c) An application under this section shall require the
633	633	facility to designate a medical director. The designated medical
634	634	director must:
635	635	(1) be licensed by the board as a veterinarian and
636	636	remain in good standing;
637	637	(2) regularly practice veterinary medicine at or from
638	638	the facility; and
639	639	(3) co-sign the application for registration; and
640	640	(4) agree to accept all correspondence from the board
641	641	on behalf of the facility.
642	642	(d) A veterinary medical facility whose designated medical
643	643	director ceases to be affiliated with the facility shall designate
644	644	a new medical director within 30 days of the change.
645	645	(e) The term of a registration issued under this section and
646	646	the process for renewal of a registration shall be provided by board
647	647	rule.
648	648	Sec. 801.603. STANDARDS FOR OPERATION OF VETERINARY MEDICAL
649	649	FACILITIES. The board shall adopt and enforce rules relating to
650	650	standards of operation of veterinary medical facilities. The rules
651	651	must include standards regarding:
652	652	(1) safety and sanitation;
653	653	(2) storage and security of pharmaceuticals and
654	654	controlled substances;
655	655	(3) patient care;
656	656	(4) retention of documentation, including medical
657	657	records, controlled substance logs, and employment records; and
658	658	(5) compliance with other state laws related to health
659	659	and safety.
660	660	Sec 801.604. SANCTIONS AND ADMINISTRATIVE PENALTIES. The
661	661	owner or owners of a business entity that provides services at a
662	662	veterinary medical facility shall be subject to administrative
663	663	penalties, license sanctions, or both, if:
664	664	(1) the facility does not hold a current registration;
665	665	(2) the facility violates a standard adopted pursuant
666	666	to Section 801.603;
667	667	(3) facility personnel deny access to the board or its
668	668	agents to conduct an inspection or investigation; or
669	669	(4) the facility fails to comply with a board order.
670	670	SECTION 39. The following provisions of Chapter 801,
671	671	Occupations Code, are repealed:
672	672	(1) Section 801.206;
673	673	(2) Section 801.253(a) as amended by Acts 2011, 82nd
674	674	Leg., R.S., Ch. 411 (S.B. 811), Sec. 3;
675	675	(3) Section 801.307(a-1) as added by Acts 2019, 86th
676	676	Leg., R.S., Ch. 449 (S.B. 1947), Sec. 2;
677	677	(5) Section 801.459;
678	678	(6) Section 801.461; and
679	679	(7) Section 801.505.
680	680	SECTION 40. As soon as practicable after the effective date
681	681	of this Act, the State Board of Veterinary Medical Examiners shall
682	682	adopt the rules and procedures necessary to implement the
683	683	provisions of this Act other than those contained in Subchapter M,
684	684	Chapter 801, Occupations Code, as added by this Act.
685	685	SECTION 41. No later than March 1, 2027, the State Board of
686	686	Veterinary Medical Examiners shall adopt the rules and procedures
687	687	necessary to implement the provisions contained in Subchapter M,
688	688	Chapter 801, Occupations Code, as added by this Act.
689	689	SECTION 42. A veterinary medical facility shall register
690	690	with the board not later than September 1, 2027.
691	691	SECTION 43. (a) Except as provided by Subsection (b) of this
692	692	section, this Act takes effect September 1, 2025.
693	693	(b) Subchapter M, Chapter 801, Occupations Code, as added by
694	694	this Act, takes effect September 1, 2026.