Bill Text: TX HB4057 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the practice of veterinary medicine and the medical treatment and care of animals in animal shelters and releasing agencies; expanding the applicability of an occupational license.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-22 - Referred to Agriculture & Livestock [HB4057 Detail]
Download: Texas-2017-HB4057-Introduced.html
85R4360 BEF-F | ||
By: Cyrier | H.B. No. 4057 |
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relating to the practice of veterinary medicine and the medical | ||
treatment and care of animals in animal shelters and releasing | ||
agencies; expanding the applicability of an occupational license. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 801.002, Occupations Code, is amended by | ||
amending Subdivisions (1) and (1-a) and adding Subdivisions (1-b), | ||
(5-a), and (5-b) to read as follows: | ||
(1) "Animal shelter" has the meaning assigned by | ||
Section 823.001, Health and Safety Code. | ||
(1-a) "Board" means the State Board of Veterinary | ||
Medical Examiners. | ||
(1-b) [ |
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a person who has been certified as a certified veterinary assistant | ||
by the Texas Veterinary Medical Association and is employed by a | ||
licensed veterinarian. | ||
(5-a) "Releasing agency" has the meaning assigned by | ||
Section 828.001, Health and Safety Code. | ||
(5-b) "Shelter veterinarian" means a veterinarian who | ||
works for or in an animal shelter or a releasing agency, regardless | ||
of whether the veterinarian receives compensation. | ||
SECTION 2. Section 801.004, Occupations Code, is amended to | ||
read as follows: | ||
Sec. 801.004. APPLICATION OF CHAPTER. (a) Except as | ||
provided by Subsection (b) and Section 801.005, this [ |
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does not apply to: | ||
(1) the treatment or care of an animal in any manner by | ||
the owner of the animal, an employee of the owner, or a designated | ||
caretaker of the animal, unless the ownership, employment, or | ||
designation is established with the intent to violate this chapter; | ||
(2) a person who performs an act prescribed by the | ||
board as an accepted livestock management practice, including: | ||
(A) castrating a male animal raised for human | ||
consumption; | ||
(B) docking or earmarking an animal raised for | ||
human consumption; | ||
(C) dehorning cattle; | ||
(D) aiding in the nonsurgical birth process of a | ||
large animal, as defined by board rule; | ||
(E) treating an animal for disease prevention | ||
with a nonprescription medicine or vaccine; | ||
(F) branding or identifying an animal in any | ||
manner; | ||
(G) artificially inseminating an animal, | ||
including training, inseminating, and compensating for services | ||
related to artificial insemination; and | ||
(H) shoeing a horse; | ||
(3) the performance of a cosmetic or production | ||
technique to reduce injury in poultry intended for human | ||
consumption; | ||
(4) the performance of a duty by a veterinarian's | ||
employee if: | ||
(A) the duty involves food production animals; | ||
(B) the duty does not involve diagnosis, | ||
prescription, or surgery; | ||
(C) the employee is under the direction and | ||
general supervision of the veterinarian; and | ||
(D) the veterinarian is responsible for the | ||
employee's performance; | ||
(5) the performance of an act by a person who is a | ||
full-time student of an accredited college of veterinary medicine | ||
if the act is performed under the direct supervision of a | ||
veterinarian; | ||
(6) [ |
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state-federal cooperative disease eradication or control program | ||
or an external parasite control program while the person is | ||
performing official duties required by the program; | ||
(7) [ |
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compensation, provides emergency care in an emergency or disaster; | ||
or | ||
(8) [ |
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this state by a person who: | ||
(A) resides in another state; and | ||
(B) is lawfully qualified to practice veterinary | ||
medicine under the laws of that state. | ||
(b) This chapter applies to an activity described by | ||
Subsection (a) when performed by a person who holds a license issued | ||
under this chapter. | ||
SECTION 3. Subchapter A, Chapter 801, Occupations Code, is | ||
amended by adding Section 801.005 to read as follows: | ||
Sec. 801.005. APPLICATION OF CHAPTER TO ANIMAL SHELTERS AND | ||
RELEASING AGENCIES. (a) Except as otherwise provided by this | ||
section, this chapter applies to the practice of veterinary | ||
medicine, including an activity described by Section 801.004, when | ||
performed: | ||
(1) in an animal shelter or releasing agency; or | ||
(2) on an animal for which an animal shelter, | ||
releasing agency, or shelter veterinarian: | ||
(A) is the owner or designated caretaker; or | ||
(B) has possession, custody, or control. | ||
(b) After an animal shelter or releasing agency takes | ||
possession and has custody or control of an animal, an agent, | ||
employee, or volunteer of the shelter or agency may administer: | ||
(1) a nonprescription drug to the animal; or | ||
(2) a prescription vaccine or drug, other than rabies | ||
vaccine or a controlled substance, to the animal if the vaccine or | ||
drug is: | ||
(A) necessary to prevent the animal's death or | ||
alleviate the animal's pain or suffering; | ||
(B) necessary to prevent or control a | ||
communicable disease or internal or external parasite; or | ||
(C) administered at the direction of a | ||
veterinarian or under the guidance of a protocol developed in | ||
accordance with Section 801.365(b). | ||
(c) A nonsurgical sterilization or any surgery performed in | ||
or on behalf of an animal shelter or releasing agency must be | ||
performed by: | ||
(1) a veterinarian; or | ||
(2) a full-time student of an accredited college of | ||
veterinary medicine under the direct supervision of a veterinarian. | ||
(d) This chapter does not apply to an animal shelter | ||
employee who euthanizes an animal in the course and scope of the | ||
person's employment if the person has successfully completed | ||
training in accordance with Section 821.055, Health and Safety | ||
Code. | ||
(e) This chapter may not be construed to prevent an agent, | ||
employee, or volunteer of an animal shelter or releasing agency | ||
from providing emergency care to an animal or preventing an | ||
animal's pain or suffering. | ||
SECTION 4. Subchapter H, Chapter 801, Occupations Code, is | ||
amended by adding Section 801.365 to read as follows: | ||
Sec. 801.365. PRACTICE BY SHELTER VETERINARIAN. (a) | ||
Notwithstanding any other law, after an animal shelter or releasing | ||
agency takes possession of an animal, a veterinarian may: | ||
(1) perform a surgical or nonsurgical sterilization of | ||
a dog or cat: | ||
(A) that shows no evidence of ownership; | ||
(B) whose owner surrendered the animal; or | ||
(C) whose owner has not claimed the animal from | ||
the animal shelter or releasing agency if the hold period | ||
prescribed by local law has expired; | ||
(2) administer or prescribe a vaccine or drug to the | ||
animal; or | ||
(3) provide any other treatment that the veterinarian | ||
reasonably believes will promote the animal's health and welfare or | ||
alleviate the animal's pain, suffering, or discomfort. | ||
(b) A shelter veterinarian who complies with Section | ||
801.351 by making medically appropriate and timely visits to the | ||
premises of an animal shelter or releasing agency may, in | ||
consultation with the animal shelter or releasing agency, develop a | ||
written animal care and treatment protocol for use by agents, | ||
employees, and volunteers of the animal shelter or releasing agency | ||
who do not hold a license under this chapter. A protocol under this | ||
section: | ||
(1) may provide guidance on the administration of | ||
vaccines or drugs, other than rabies vaccine and controlled | ||
substances, necessary to: | ||
(A) prevent or control a communicable disease; | ||
(B) prevent or control an internal or external | ||
parasite; | ||
(C) prevent an animal's death; or | ||
(D) alleviate an animal's pain, suffering, or | ||
discomfort; and | ||
(2) may not provide guidance on the administration of | ||
rabies vaccine or a controlled substance. | ||
(c) A shelter veterinarian shall develop and maintain a | ||
paper or electronic recordkeeping system to keep complete and | ||
accurate medical records regarding the treatment provided to each | ||
animal under the veterinarian's care in an animal shelter or | ||
releasing agency. The records may be maintained in a daily log or | ||
in billing records, provided the information entered is adequate to | ||
substantiate the identification of the animal treated and the | ||
medical care provided. An employee or volunteer at an animal | ||
shelter or a releasing agency who does not hold a license under this | ||
chapter, acting under the supervision or protocol of a | ||
veterinarian, may contribute to the records under this subsection. | ||
(d) A shelter veterinarian is only responsible for: | ||
(1) the veterinarian's direct actions; or | ||
(2) actions taken by a person acting at the | ||
veterinarian's specific direction or under the veterinarian's | ||
direct and immediate supervision. | ||
SECTION 5. Chapter 801, Occupations Code, is amended by | ||
adding Subchapter M to read as follows: | ||
SUBCHAPTER M. SHELTER VETERINARIAN ADVISORY COMMITTEE | ||
Sec. 801.601. SHELTER VETERINARIAN ADVISORY COMMITTEE. (a) | ||
The shelter veterinarian advisory committee is an informal advisory | ||
committee to the board and is not subject to Chapter 2110, | ||
Government Code. | ||
(b) The board shall consult the advisory committee | ||
regarding matters relating to a disciplinary action that involves a | ||
shelter veterinarian. | ||
Sec. 801.602. APPOINTMENT OF ADVISORY COMMITTEE. The | ||
shelter veterinarian advisory committee is composed of three | ||
members appointed by the presiding officer of the board as follows: | ||
(1) two members who are shelter veterinarians licensed | ||
by the board, have practiced animal shelter veterinary medicine for | ||
the five years preceding the date of appointment, and are of good | ||
repute; and | ||
(2) one member, who is not required to be a | ||
veterinarian, who currently serves as a director or is involved in | ||
the management of an animal shelter. | ||
Sec. 801.603. TERMS; VACANCY. (a) Members of the shelter | ||
veterinarian advisory committee are appointed for staggered | ||
six-year terms. The term of one member expires on February 1 of | ||
each odd-numbered year. | ||
(b) If a vacancy occurs during a member's term, the | ||
presiding officer of the board shall appoint a new member to fill | ||
the unexpired term. | ||
(c) An advisory committee member may not serve more than two | ||
consecutive full terms. | ||
Sec. 801.604. GROUNDS FOR REMOVAL. It is a ground for | ||
removal from the shelter veterinarian advisory committee that a | ||
member: | ||
(1) does not have at the time of appointment the | ||
qualifications required by Section 801.602; | ||
(2) does not maintain during service on the advisory | ||
committee the qualifications required by Section 801.602; or | ||
(3) cannot, because of illness or disability, | ||
discharge the member's duties for a substantial part of the member's | ||
term. | ||
Sec. 801.605. OFFICERS. The presiding officer of the board | ||
shall designate biennially a shelter veterinarian advisory | ||
committee member as the presiding officer of the advisory committee | ||
to serve in that capacity at the will of the presiding officer of | ||
the board. | ||
Sec. 801.606. REIMBURSEMENT; COMPENSATION. A shelter | ||
veterinarian advisory committee member is not entitled to | ||
reimbursement for travel expenses or compensation. | ||
Sec. 801.607. MEETINGS. (a) The shelter veterinarian | ||
advisory committee shall meet at the call of the presiding officer | ||
of the board. | ||
(b) A meeting may be held by telephone conference call. | ||
SECTION 6. Section 801.004, Occupations Code, as amended by | ||
this Act, and Sections 801.005 and 801.365, Occupations Code, as | ||
added by this Act, apply 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 when the | ||
conduct occurs, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 7. As soon as practicable after the effective date | ||
of this Act, the presiding officer of the State Board of Veterinary | ||
Medical Examiners shall appoint the members of the shelter | ||
veterinarian advisory committee. | ||
SECTION 8. This Act takes effect September 1, 2017. |