89R17944 TYPED
By: Perry S.B. No. 2155
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of veterinary professionals and
facilities by the State Board of Veterinary Medical Examiners and
the temporary administration of the board by the Department of
Licensing and Regulation
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 801.002, Occupations Code, is amended to
add Subsection (6-b) to read as follows:
(6-b) "Veterinary medical facility" means a location,
including a building, portion of a building, or vehicle, in which
the practice of veterinary medicine normally takes place or is
provided.
SECTION 2. Sections 801.023(a) and (b), Occupations Code,
are amended to read as follows:
(a) The executive director of the department shall direct
and may dismiss the board's executive director [of the board], and
has authority relating to personnel actions as if the board's
executive director were an employee of the department. The
presiding officer of the commission shall appoint a replacement
executive director of the board if necessary.
(b) Subject to Subsection (a), the executive director of the
board is responsible for the administration of licensing,
enforcement, financial services, human resources, and workforce
development duties of the board, including:
(1) accounts payable and accounts receivable;
(2) budgeting, inventory, and asset management;
(3) payroll;
(4) personnel and labor issues;
(5) purchasing;
(6) recruitment, evaluation, selection, training, and
promotion of personnel;
(7) submitting required reports regarding finances,
performance measures, strategic planning, legislative
appropriations requests, operating budgets, and similar
information as required by law;
(8) legal support services, including responding to
requests for public information; and
(9) information technology and support.
SECTION 3. Section 801.101, Occupations Code, is amended to
read as follows:
Sec. 801.101. EXECUTIVE DIRECTOR. The board shall appoint
[may employ] an executive director. The executive director serves
at the will of the board.
SECTION 4. Section 801.102, Occupations Code, is amended to
read as follows:
Sec. 801.102. [CERTAIN DUTIES OF] EXECUTIVE DIRECTOR POWERS
AND DUTIES. (a) The executive director shall [is responsible for]:
(1) perform any duties assigned by the board and other
duties specified by law;
(2) administer and enforce the board's programs; and
(3) issue licenses regulated by the board.
[(1) safekeeping the money collected under this
chapter; and
(2) properly disbursing the veterinary fund account
established by this chapter.]
(b) The executive director may:
(1) delegate any power or duty assigned to the
executive director unless prohibited by law; and
(2) issue emergency orders and cease and desist orders
as provided by this chapter.
[(b) Repealed by Acts 2003, 78th Leg., ch. 285, Sec.
31(39).]
SECTION 5. Section 801.103, Occupations Code, is amended to
read as follows:
Sec. 801.103. PERSONNEL. The board may employ personnel to
administer this chapter and may prescribe their duties and
compensation, subject to the personnel policies and budget approved
by the board.
SECTION 6. Subchapter D, Chapter 801, Occupations Code, is
amended by adding Section 801.150 to read as follows:
Sec. 801.150. GENERAL POWERS AND DUTIES OF BOARD. The board
shall:
(1) supervise the executive director's administration
of this chapter;
(2) formulate policy objectives for the board; and
(3) approve the board's operating budget and requests
for legislative appropriations.
SECTION 7. Sections 801.151(a) and (b), Occupations Code,
are amended to read as follows:
(a) The board shall [may] adopt rules as necessary to
administer this chapter.
(b) The board shall [may] adopt rules of professional
conduct appropriate to establish and maintain a high standard of
integrity, skills, and practice in the veterinary medicine
profession.
SECTION 8. Section 801.156, Occupations Code, is amended to
read as follows:
Sec. 801.156. DATA; PUBLIC ACCESS [REGISTRY]. (a) The
board shall maintain an electronic system allowing it to provide
accurate reporting of information relating to license holders and
applicants, complaints, enforcement actions, investigations, and
inspections [a record of each license holder's:
(1) name;
(2) residence address; and
(3) business address].
(b) The board shall provide on its public-facing website:
(1) a feature allowing users to verify a license
holder's license status, determine whether the license holder is
currently subject to disciplinary action, and review relevant
disciplinary orders; and
(2) data, updated at least quarterly, summarizing the
number, type, and disposition of complaints received during the
fiscal year.
[(b) A license holder shall notify the board of a change of
business address or employer not later than the 60th day after the
date the change takes effect.]
SECTION 9. Section 801.157, Occupations Code, is amended to
add Subsection (c) to read as follows:
(c) The board shall provide information on its website
directing licensed veterinarians to approved peer assistance
programs.
SECTION 10. Sections 801.158(a) and (c), Occupations Code,
are amended to read as follows:
(a) The board or executive director may request and, if
necessary, compel by subpoena:
(1) the attendance of witnesses for examination under
oath; and
(2) the production for inspection or copying of books,
accounts, records, papers, correspondence, documents, and other
evidence relevant to an investigation of an alleged violation of
this chapter.
(c) An action filed under this section must be filed in a
district court in Travis County or any other county in which the
department may hold a hearing. [Venue for an action brought under
Subsection (b) is in a district court in:
(1) Travis County; or
(2) any county in which the board may hold a hearing.]
SECTION 11. Section 801.161, Occupations Code, is amended
to read as follows:
Sec. 801.161. USE OF TECHNOLOGY. (a) The board shall
implement a policy requiring the board to use appropriate
technological solutions to improve the board's ability to perform
its functions. The policy must ensure that the public is able to
interact with the board on the Internet.
(b) The board may by rule require an applicant or license
holder to provide an e-mail address for purposes of receiving
correspondence. An e-mail address provided under this section is
confidential and is not subject to disclosure under Chapter 552,
Government Code.
(c) Notwithstanding any other law, the board may by rule
provide that service of any notice, order, or pleading required
under this chapter or under Chapter 2001, Government Code, may be
made electronically to the e-mail address provided pursuant to
subsection (b).
SECTION 12. Section 801.163(d), Occupations Code, is
amended to read as follows:
(d) Notwithstanding any other law, [To the extent of any
conflict with] Chapter 2110, Government Code, does not apply to an
advisory committee appointed under this section [and board rules
adopted under this section control].
SECTION 13. Subchapter D, Chapter 801, Occupations Code, is
amended by adding Section 801.1631 to read as follows:
Sec. 801.1631. INSPECTIONS AND INVESTIGATIONS. (a) The
board may conduct inspections or investigations as necessary to
enforce the laws administered by the board.
(b) To perform its functions under subsection (a), the board
may, during reasonable business hours:
(1) enter a veterinary medical facility or other
business premises of a person regulated by the board, or of a person
suspected of being in violation of, or threatening to violate, a law
administered by the board, or a rule or order of the board or
executive director; and
(2) examine and copy records pertinent to the
inspection or investigation.
(c) The board may take a disciplinary action authorized by
this chapter for a violation identified during an inspection.
SECTION 14. Section 801.164, Occupations Code, is amended
to read as follows:
Sec. 801.164. RISK-BASED INSPECTIONS [RELATED TO
CONTROLLED SUBSTANCES PRACTICES]. (a) The board shall [may]
[conduct a inspection] prioritize inspections relating to key risk
factors identified by the board, including previous violations by
the license holder or [of a veterinarian's practice based on]
information [obtained from the veterinarian or another source]
concerning a [the] veterinarian's use, handling, prescribing,
dispensing, or delivery of controlled substances.
(b) The board may use alternative inspection methods,
including videoconference or similar technology, instead of
conducting an in-person inspection in circumstances the board
considers appropriate.
SECTION 15. Subchapter D, Chapter 801, Occupations Code, is
amended by adding Section 801.165 to read as follows:
Sec. 801.165. REFUND. (a) Subject to Subsection (b), the
board or executive director may order a license holder to pay a
refund to a consumer as provided in an agreed settlement, default
order, or board order instead of or in addition to imposing an
administrative penalty or sanction.
(b) The amount of a refund ordered under this section may
not exceed the amount the consumer paid to the license holder for a
service regulated by the board, and may not require payment of other
damages or estimate harm.
SECTION 16. Subchapter D, Chapter 801, Occupations Code, is
amended by adding Section 801.166 to read as follows:
Sec. 801.166. RECIPROCITY AGREEMENTS. The board, with
approval of the governor, may enter into an agreement with another
state to allow for licensing by reciprocity.
SECTION 17. Section 801.205, Occupations Code, is amended
to read as follows:
Sec. 801.205. GENERAL RULES REGARDING COMPLAINT
INVESTIGATION AND DISPOSITION. The board shall adopt rules
relating to the investigation and disposition of complaints filed
with the board. The rules must:
(1) distinguish between categories of complaints;
(2) ensure that complaints are not dismissed without
appropriate consideration; and
(3) require that the board be advised of a complaint
that is dismissed.[;
(4) ensure that the person who filed the complaint has
the opportunity to explain the allegations made in the complaint;
and
(5) prescribe guidelines concerning the categories of
complaints that require the use of a private investigator and the
procedures for the board to obtain the services of a private
investigator.]
SECTION 18. Section 801.2051, Occupations Code, is amended
to read as follows:
Sec. 801.2051. PRIORITY OF COMPLAINTS. The board shall
assign priorities and investigate complaints based on risk posed to
the public by the conduct alleged in the complaint. [The board shall
prioritize complaints to resolve the more serious complaints
first.]
SECTION 19. Section 801.2052, Occupations Code, is amended
to read as follows:
Sec. 801.2052. DISMISSAL OF BASELESS OR UNFOUNDED
COMPLAINT. (a) If the board determines at any time that an
allegation or complaint submitted by a person is baseless,
unfounded, or does not fall within the board's regulatory
jurisdiction, the board shall dismiss the complaint. [If, before
the 180th day after the date the board's official investigation of a
complaint is commenced, the board determines in accordance with
rules adopted under this section that a complaint filed with the
board is baseless or unfounded, the board shall:
(1) dismiss the complaint; and
(2) include a statement in the record of the complaint
that the complaint was dismissed because the complaint was baseless
or unfounded.]
(b) The board shall adopt rules to implement this section
and establish criteria for determining that a complaint is baseless
or unfounded.
SECTION 20. Section 801.2055, Occupations Code, is amended
to add Subsection (c-1) and to amend Subsection (d) as follows:
(c-1) The board may contract with a qualified individual to
assist in reviewing or investigating complaints requiring medical
expertise. Except for an act involving fraud, conspiracy, or
malice, an individual with whom the board contracts under this
subsection is immune from liability or from disciplinary action
under this chapter and may not be subject to a suit for damages for
any act arising from the performance of the individual's duties in:
(1) participating in an informal conference to
determine the facts of a complaint;
(2) offering an expert opinion or technical guidance
on an alleged violation of this chapter or of a rule or order issued
by the board or executive director;
(3) testifying at a hearing regarding a complaint; or
(4) making an evaluation, report, or recommendation
regarding a complaint.
(d) A veterinarian board member who reviews a complaint
under this section may not [participate in] deliberate or vote in
any subsequent disciplinary proceeding related to the complaint.
SECTION 21. Section 801.2056, Occupations Code, is amended
to read as follows:
Sec. 801.2056. COMPLAINTS NOT REQUIRING MEDICAL EXPERTISE.
[(a)] The board shall adopt rules relating to the evaluation and
disposition of complaints not requiring medical expertise. [The
board may delegate to a committee of board staff the authority to
dismiss or enter into an agreed settlement of a complaint that does
not require medical expertise. The disposition determined by the
committee must be approved by the board at a public meeting.
(b) A complaint delegated under this section shall be
referred for informal proceedings under Section 801.408 if:
(1) the committee determines that the complaint should
not be dismissed or settled;
(2) the committee is unable to reach an agreed
settlement; or
(3) the license holder who is the subject of the
complaint requests that the complaint be referred for informal
proceedings.]
SECTION 22. Section 801.207, Occupations Code, is amended
to read as follows:
Sec. 801.207. CONFIDENTIALITY [PUBLIC RECORD; EXCEPTION].
(a) Except as otherwise provided by this section, a complaint and
investigation concerning a person to whom this chapter applies, and
all information and materials subpoenaed or compiled by the board
in connection with the complaint and investigation, are
confidential and not subject to:
(1) disclosure under Chapter 552, Government Code; or
(2) disclosure, discovery, subpoena, or other means of
legal compulsion for their release to any person.
[Except as provided by Subsection (b), a board record is a
public record and is available for public inspection during normal
business hours.]
(b) Notwithstanding subsection (a), the board may disclose
information regarding a complaint or investigation to:
(1) a person providing testimony or review on the
board's behalf in a disciplinary proceeding;
(2) a respondent or the respondent's authorized
representative;
(3) a professional licensing, credentialing, or
disciplinary entity;
(4) a peer assistance program approved by the board
pursuant to Section 801.157;
(5) a law enforcement agency; or
(6) a person engaged in bona fide research, if all
individual-identifying information has been deleted.
[Except as provided by Subsection (b-1), each complaint,
investigation file and record, and other investigation report and
all other investigative information in the possession of or
received or gathered by the board or the board's employees or agents
relating to a license holder, an application for license, or a
criminal investigation or proceeding is privileged and
confidential and is not subject to discovery, subpoena, or other
means of legal compulsion for release to anyone other than the board
or the board's employees or agents involved in discipline of a
license holder.]
(b-1) Not later than the 14th day before the date of an
informal proceeding under Section 801.408, the board shall provide
to the license holder who is the subject of the complaint a copy of
the record of any review conducted under Section 801.2055 of a
complaint requiring medical expertise. The board shall redact the
name of each veterinarian who conducted the review.
(c) Except as provided by Subsection (b-1), the board shall
protect the identity of a complainant to the extent possible.
(d) Not later than the 30th day after the date of receipt of
a written request from a license holder who is the subject of a
formal complaint initiated and filed under this subchapter or from
the license holder's counsel of record, and subject to any other
privilege or restriction set forth by rule, statute, or legal
precedent, and unless good cause is shown for delay, the board shall
provide the license holder with access to all information in its
possession that the board intends to offer into evidence in
presenting its case in chief at the contested hearing on the
complaint. The board is not required to provide:
(1) a board investigative report or memorandum;
(2) the identity of a nontestifying complainant; or
(3) attorney-client communications, attorney work
product, or other materials covered by a privilege recognized by
the Texas Rules of Civil Procedure or the Texas Rules of Evidence.
(e) Furnishing information under Subsection (d) does not
constitute a waiver of privilege or confidentiality under this
chapter or other applicable law.
(f) The board may not be compelled to release or disclose
complaint and investigation information or materials to a person
listed in Subsection (b) if the board has not issued a notice of
alleged violation related to the information or materials.
(g) Notices of alleged violation and disciplinary orders,
including warnings and reprimands, issued by the board are not
confidential and are subject to disclosure in accordance with
Chapter 552, Government Code.
(h) Notwithstanding any other provision of this section, if
an investigation would be jeopardized by the disclosure of
information relating to a complaint or investigation, the board may
temporarily withhold or otherwise refrain from disclosing to any
person any information or materials that the board would otherwise
be required to disclose.
SECTION 23. Section 801.208(d), Occupations Code, is
amended to read as follows:
(d) The notification may not include information that is
confidential under Section 801.207[(b)].
SECTION 24. Section 801.253, Occupations Code, as amended
by Acts 2011, 82nd Leg., R.S., Ch. 940 (H.B. 414), Sec. 9, is
reenacted and amended to read as follows:
(a) The board shall conduct licensing examinations for
veterinarians as provided by board rule. [The board shall conduct
the examination at a time and place the board determines is
convenient for applicants.]
(b) The board shall provide notice of a licensing
examination on its internet website [by publication in a newspaper
or periodical.
(c) The board shall examine each qualified applicant who
attends the examination.]
SECTION 25. Section 801.406, Occupations Code, is amended
to read as follows:
Sec. 801.406. REINSTATEMENT AFTER [REQUIRED DISCIPLINARY
ACTION FOR] CERTAIN FELONY CONVICTIONS. (a) If a person's license
has been revoked:
(1) by operation of law pursuant to Section 53.021(b),
Occupations Code, upon imprisonment after a conviction of a felony
under Chapter 481 or 483 of the Health and Safety Code; or
(2) by the board upon conviction of a license holder of
an offense under Section 485.033, Health and Safety Code, or of any
offense under Chapter 481 or 483 of that code,
[On conviction of a license holder of a felony under Section
485.033, Health and Safety Code, or Chapter 481 or 483 of that code,
the board shall, after conducting an administrative hearing in
which the fact of conviction is determined, impose a penalty as
provided by Section 801.401. The board shall set the amount of the
penalty to match the seriousness of the conviction.
(b) Repealed by Acts 2005, 79th Leg., Ch. 27, Sec. 27(2),
eff. September 1, 2005.
(c) The] the board may reinstate or reissue the [a] license
[suspended or revoked under this section] only upon determining [on
an express determination based on substantial evidence contained in
an investigative report indicating] that reinstatement or
reissuance of the license is in the best interests of [:
(1) ]the public[;] and
[(2)] the person whose license has been [suspended or]
revoked.
SECTION 26. Section 801.407(d), Occupations Code, is
amended to read as follows:
(d) The board shall by rule prescribe notice procedures for
proceedings under this subchapter [The board may conduct
deliberations relating to a disciplinary action during executive
session. At the conclusion of those deliberations, the board shall
vote and announce its decision to the license holder in open
session].
SECTION 27. Section 801.408, Occupations Code, is amended
to read as follows:
Sec. 801.408. INFORMAL PROCEEDINGS. (a) The board by rule
shall adopt procedures governing:
(1) informal disposition of a contested case under
Section 2001.056, Government Code; and
(2) an informal proceeding held in compliance with
Section 2001.054, Government Code.
(b) Rules adopted under Subsection (a) must:
(1) provide the complainant and the license holder an
opportunity to be heard; and
(2) require the presence of a member of the board's
legal staff [general counsel] or a representative of the attorney
general during an informal proceeding to advise the board or the
board's employees.
(c) A committee of two or more veterinarian board members
and one or more public board members must be present at an informal
proceeding for a complaint that requires medical expertise. The
committee shall recommend enforcement action at the informal
proceeding.
[(d) A committee of board staff may recommend enforcement
action at an informal proceeding for a complaint that does not
require medical expertise or may refer the complaint to the
committee of board members under Subsection (c).
(e) At an informal proceeding under this section, and on
agreement with the license holder, the board may order the license
holder to refund an amount not to exceed the amount a client paid to
the license holder instead of or in addition to imposing an
administrative penalty under this chapter. The board may not
require payment of other damages or estimate harm under this
subsection.]
(d) [(f)] Before an informal disposition is effective, the
board must review and approve at a public meeting an informal
disposition of the complaint recommended by board members or board
staff.
SECTION 28. Subchapter I, Chapter 801, Occupations Code, is
amended by adding Section 801.4011 to read as follows:
Sec 801.4011. DEFERRED ACTION. (a) For any action or
complaint for which the board proposes to impose on a person a
sanction other than a reprimand or a denial, suspension, or
revocation of a license, the board may:
(1) defer the final action the board has proposed if
the person conforms to conditions imposed by the board, including
any condition the board could impose as a condition of probation
under Section 801.401; and
(2) if the person successfully meets the imposed
conditions, dismiss the complaint.
(b) Except as provided by this subsection, a deferred action
by the board is not confidential and is subject to disclosure in
accordance with Chapter 552, Government Code. If the person
successfully meets the conditions imposed by the board in deferring
final action and the board dismisses the action or complaint, the
deferred action of the board is confidential to the same extent as a
complaint is confidential under Section 801.207.
SECTION 29. Subchapter J, Chapter 801, Occupations Code, is
amended by adding Section 801.4521 to read as follows:
Sec. 801.4521. IMPOSITION OF SANCTION. A proceeding under
this subchapter imposing an administrative penalty may be combined
with a proceeding to impose an administrative sanction. If a
sanction is imposed in a proceeding under this subchapter, the
requirements of this subchapter apply to the imposition of the
sanction.
SECTION 30. Section 801.453(a), Occupations Code, is
amended to read as follows:
(a) On a determination by a committee described by Section
801.408(c) [or (d)] that a violation of this chapter or a rule
adopted or order issued under this chapter occurred, the committee
may issue a report to the board stating:
(1) the facts on which the determination is based; and
(2) the committee's recommendation on the imposition
of an administrative penalty, including a recommendation on the
amount of the penalty.
SECTION 31. Section 801.454, Occupations Code, is amended
to read as follows:
Sec. 801.454. PENALTY TO BE PAID OR HEARING REQUESTED [ON
COMMITTEE'S RECOMMENDATIONS]. (a) Not later than the 20th day
after the date a person receives a [the] notice of alleged
violation, the person may in writing:
(1) accept the board's [committee's] determination and
recommended administrative penalty; or
(2) request a hearing on the occurrence of the
violation, the amount of the penalty, or both.
(b) If the person accepts the board's [committee's]
determination and recommended penalty, the board by order shall
approve the determination and require the person to pay the
recommended penalty [may:
(1) approve the determination and impose the
recommended penalty;
(2) modify the determination or recommended penalty;
or
(3) reject the determination or recommended penalty].
SECTION 32. Section 801.455, Occupations Code, is amended
to read as follows:
Sec. 801.455. HEARING [ON COMMITTEE'S RECOMMENDATIONS].
(a) If a respondent requests a hearing pursuant to Section 801.407,
the hearing shall be conducted by the State Office of
Administrative Hearings [If the person requests a hearing or fails
to respond timely to the notice, the executive director shall set a
hearing and give notice of the hearing to the person].
(b) The State Office of Administrative Hearings shall
consider the board's applicable substantive rules and policies when
conducting a hearing under this subchapter [A hearing set by the
executive director under Subsection (a) shall be held by an
administrative law judge of the State Office of Administrative
Hearings].
(c) The administrative law judge shall:
(1) make findings of fact and conclusions of law; and
(2) promptly issue to the board a proposal for a
decision as to the occurrence of the violation, any recommended
license sanction, and the amount of any proposed administrative
penalty.
SECTION 33. Section 801.456(a), Occupations Code, is
amended to read as follows:
(a) Based on the findings of fact, conclusions of law, and
proposal for a decision under Section 801.455(c), the board by
order may determine that:
(1) a violation has occurred and impose a license
sanction, [an] administrative penalty, or both; or
(2) a violation did not occur.
SECTION 34. Section 801.457(a), Occupations Code, is
amended to read as follows:
(a) Not later than the 30th day after the date the board's
order becomes final, the person shall:
(1) pay the administrative penalty;
(2) pay the penalty and file a petition for judicial
review contesting the order [fact of the violation, the amount of
the penalty, or both]; or
(3) without paying the penalty, file a petition for
judicial review contesting the order [fact of the violation, the
amount of the penalty, or both].
SECTION 35. Section 801.502(b), Occupations Code, is
amended to read as follows:
(b) Venue for an action brought under this section is in a
district court in Travis County [Venue for an action under this
section is in:
(1) the county in which the person against whom the
action is brought resides, if the person is an individual who
resides in this state;
(2) the county of the defendant's principal office in
this state if the defendant is not an individual; or
(3) Travis County, if the person:
(A) is an individual who does not reside in this
state; or
(B) is an entity that does not have its principal
office in this state].
SECTION 36. Section 801.508, Occupations Code, is amended
to read as follows:
Sec. 801.508. CEASE AND DESIST ORDER. The board or
executive director may issue a cease and desist order upon
determining that it is necessary to prevent a violation of this
chapter, or of a rule adopted or order issued by the board.
[(a) If it appears to the board that a person is engaging in
an act or practice that constitutes the practice of veterinary
medicine without a license or the practice of equine dentistry
without a license under this chapter, the board, after notice and
opportunity for a hearing, may issue a cease and desist order
prohibiting the person from engaging in the activity.
(b) A violation of an order under this section constitutes
grounds for imposing an administrative penalty under Subchapter J.]
SECTION 37. Subchapter K, Chapter 801, Occupations Code, is
amended by adding Section 801.510 to read as follows:
Sec. 801.510. ISSUANCE OF EMERGENCY ORDERS. (a) Upon
determining that an emergency exists requiring immediate action to
protect the public health and safety, the board or executive
director may issue an emergency order to:
(1) suspend or revoke a license or other authorization
issued under a program regulated by the board; or
(2) halt operation of an unsafe veterinary medical
facility.
(b) The board or executive director may issue an emergency
order with or without notice and hearing. If an emergency order is
issued under this section without a hearing, the board shall set the
time and place for a hearing conducted by the State Office of
Administrative Hearings to affirm, modify, or set aside the
emergency order not later than the 17th day after the date the order
was issued. The order shall be affirmed to the extent that
reasonable cause existed to issue the order.
(c) A proceeding under this section is a contested case
under Chapter 2001, Government Code.
SECTION 38. Chapter 801, Occupations Code, is amended by
designating Sections 801.601 through 801.604 as Subchapter M and
adding a subchapter heading to read as follows:
SUBCHAPTER M. VETERINARY MEDICAL FACILITIES
Sec. 801.601. REGISTRATION OF VETERINARY MEDICAL
FACILITIES REQUIRED. (a) Veterinary medicine shall be practiced
only in or from a veterinary medical facility that is registered
with the board or that is exempted by rule from the registration
requirement. Unless exempted by this section or by board rule
adopted pursuant to this section, every individual facility must be
registered with the board.
(b) Subsection (a) does not apply to a facility maintained
or operated by the federal government.
(c) A mobile facility affiliated with a registered
veterinary medical facility is exempt from separate registration if
identified in the application for registration filed pursuant to
this subchapter.
(c) The board may by rule provide exemptions to the
registration requirement for facilities if it determines that
imposing or enforcing the requirement:
(1) is not cost-effective for the board;
(2) is not feasible with current resources or
standards; or
(3) will not substantially benefit or protect
consumers.
Sec. 801.602. REGISTRATION ELIGIBILITY AND APPLICATION.
(a) To register a veterinary medical facility, the business entity
providing services at the facility shall submit the application
provided by the board and pay the applicable fee established by the
board pursuant to Section 801.154. The application must be signed
by a person with authority to act on behalf of the entity.
(b) The facility shall, in its application for
registration:
(1) indicate the type of business entity that provides
services at the facility, and provide information regarding the
owners, partners, and operators of the entity as required by board
rule; and
(2) provide the names and license or registration
numbers of all persons who provide services at the facility and are
regulated by the board.
(c) An application under this section shall require the
facility to designate a medical director. The designated medical
director must:
(1) be licensed by the board as a veterinarian and
remain in good standing;
(2) regularly practice veterinary medicine at or from
the facility; and
(3) co-sign the application for registration; and
(4) agree to accept all correspondence from the board
on behalf of the facility.
(d) A veterinary medical facility whose designated medical
director ceases to be affiliated with the facility shall designate
a new medical director within 30 days of the change.
(e) The term of a registration issued under this section and
the process for renewal of a registration shall be provided by board
rule.
Sec. 801.603. STANDARDS FOR OPERATION OF VETERINARY MEDICAL
FACILITIES. The board shall adopt and enforce rules relating to
standards of operation of veterinary medical facilities. The rules
must include standards regarding:
(1) safety and sanitation;
(2) storage and security of pharmaceuticals and
controlled substances;
(3) patient care;
(4) retention of documentation, including medical
records, controlled substance logs, and employment records; and
(5) compliance with other state laws related to health
and safety.
Sec 801.604. SANCTIONS AND ADMINISTRATIVE PENALTIES. The
owner or owners of a business entity that provides services at a
veterinary medical facility shall be subject to administrative
penalties, license sanctions, or both, if:
(1) the facility does not hold a current registration;
(2) the facility violates a standard adopted pursuant
to Section 801.603;
(3) facility personnel deny access to the board or its
agents to conduct an inspection or investigation; or
(4) the facility fails to comply with a board order.
SECTION 39. The following provisions of Chapter 801,
Occupations Code, are repealed:
(1) Section 801.206;
(2) Section 801.253(a) as amended by Acts 2011, 82nd
Leg., R.S., Ch. 411 (S.B. 811), Sec. 3;
(3) Section 801.307(a-1) as added by Acts 2019, 86th
Leg., R.S., Ch. 449 (S.B. 1947), Sec. 2;
(5) Section 801.459;
(6) Section 801.461; and
(7) Section 801.505.
SECTION 40. As soon as practicable after the effective date
of this Act, the State Board of Veterinary Medical Examiners shall
adopt the rules and procedures necessary to implement the
provisions of this Act other than those contained in Subchapter M,
Chapter 801, Occupations Code, as added by this Act.
SECTION 41. No later than March 1, 2027, the State Board of
Veterinary Medical Examiners shall adopt the rules and procedures
necessary to implement the provisions contained in Subchapter M,
Chapter 801, Occupations Code, as added by this Act.
SECTION 42. A veterinary medical facility shall register
with the board not later than September 1, 2027.
SECTION 43. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2025.
(b) Subchapter M, Chapter 801, Occupations Code, as added by
this Act, takes effect September 1, 2026.