Bill Text: TX SB1032 | 2011-2012 | 82nd Legislature | Engrossed

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Bill Title: Relating to the licensure and regulation of equine dental providers; providing penalties.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2011-05-13 - Committee report sent to Calendars [SB1032 Detail]

Download: Texas-2011-SB1032-Engrossed.html

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By: Seliger S.B. No. 1032

A BILL TO BE ENTITLED
AN ACT
relating to the licensure and regulation of equine dental
providers; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 801.002, Occupations Code, is amended by
adding Subdivisions (3-a) and (4-a) to read as follows:
(3-a) "Equine dentistry" means any diagnosis,
treatment, or surgical procedure performed on the head or oral
cavity of an equine animal. The term includes:
(A) any procedure that invades the tissues of the
oral cavity, including a procedure to:
(i) remove sharp enamel projections;
(ii) treat malocclusions of the teeth;
(iii) reshape teeth; and
(iv) extract one or more teeth;
(B) the treatment or extraction of damaged or
diseased teeth;
(C) the treatment of diseased teeth through
restoration and endodontic procedures;
(D) periodontal treatments, including:
(i) the removal of calculus, soft deposits,
plaque, and stains above the gum line; and
(ii) the smoothing, filing, and polishing
of tooth surfaces; and
(E) dental radiography.
(4-a) "Licensed equine dental provider" means a person
who holds a license to practice equine dentistry issued under this
chapter.
SECTION 2. Section 801.151, Occupations Code, is amended by
amending Subsection (c) and adding Subsections (e) and (f) to read
as follows:
(c) The board shall adopt rules to:
(1) protect the public; [and]
(2) ensure that alternate therapies, including
ultrasound diagnosis and therapy, magnetic field therapy, holistic
medicine, homeopathy, chiropractic treatment, acupuncture, and
laser therapy, are performed only by a veterinarian or under the
supervision of a veterinarian; and
(3) ensure that equine dentistry is performed only by
a veterinarian who is active and in good standing or by a licensed
equine dental provider who is active and in good standing under the
appropriate level of supervision of a veterinarian who is active
and in good standing and who has established a
veterinarian-client-patient relationship with the owner or other
caretaker of an animal and the animal in accordance with Section
801.351.
(e) The board shall adopt rules to implement a jurisprudence
examination for licensed equine dental providers, including rules
relating to the development and administration of the examination,
examination fees, guidelines for reexamination, examination
grading, and provision of notice of examination results.
(f) The board may not adopt rules that unreasonably restrict
the selection by the owner or other caretaker of an animal of a
licensed equine dental provider who is in good standing to provide
equine dental services.
SECTION 3. Subsections (b) and (d), Section 801.154,
Occupations Code, are amended to read as follows:
(b) The veterinarian license renewal fee set by the board
under this chapter is the amount set by the board under Subsection
(a) and an additional fee of $200.
(d) The additional fee under Subsection (b) does not apply
to a veterinarian [license holder] who is:
(1) exempt from paying the renewal fee under Section
801.304; or
(2) placed on inactive status as provided by Section
801.306.
SECTION 4. Section 801.156, Occupations Code, is amended to
read as follows:
Sec. 801.156. REGISTRY. (a) The board shall maintain a
record of each license holder's [veterinarian's]:
(1) name;
(2) residence address; and
(3) business address.
(b) A license holder [veterinarian] 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 5. Subsection (b), Section 801.203, Occupations
Code, is amended to read as follows:
(b) The board shall list with its regular telephone number
any toll-free telephone number established under other state law
for presenting a complaint about a license holder [veterinarian].
SECTION 6. Subsection (b), Section 801.2056, Occupations
Code, is amended to read as follows:
(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 [veterinarian] who is the
subject of the complaint requests that the complaint be referred
for informal proceedings.
SECTION 7. Sections 801.251 and 801.252, Occupations Code,
are amended to read as follows:
Sec. 801.251. LICENSE REQUIRED FOR PRACTICE OF VETERINARY
MEDICINE. Except as provided by Section 801.004, a person may not
practice, or offer or attempt to practice, veterinary medicine
unless the person holds a license to practice veterinary medicine
issued under this chapter.
Sec. 801.252. ELIGIBILITY REQUIREMENTS FOR LICENSE TO
PRACTICE VETERINARY MEDICINE. The board shall issue a license to
practice veterinary medicine to a person who is qualified to be
licensed to practice veterinary medicine under this chapter. A
person is qualified to be licensed to practice veterinary medicine
if:
(1) the person has attained the age of majority;
(2) the person is a graduate of a board-approved
school or college of veterinary medicine;
(3) the person successfully completes the licensing
examination for veterinarians conducted by the board; and
(4) the board does not refuse to issue a license to the
person under Section 801.401.
SECTION 8. The heading to Section 801.253, Occupations
Code, is amended to read as follows:
Sec. 801.253. LICENSING EXAMINATIONS FOR VETERINARIANS.
SECTION 9. Subsection (a), Section 801.253, Occupations
Code, is amended to read as follows:
(a) The board shall hold a regular meeting at least twice
each year to 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.
SECTION 10. The heading to Section 801.256, Occupations
Code, is amended to read as follows:
Sec. 801.256. SPECIAL LICENSE TO PRACTICE VETERINARY
MEDICINE.
SECTION 11. Subsection (a), Section 801.256, Occupations
Code, is amended to read as follows:
(a) The board may issue a special license to practice
veterinary medicine to an applicant who is:
(1) a member of the faculty or staff of a
board-approved veterinary program at an institution of higher
education;
(2) a veterinarian employee of the Texas Animal Health
Commission;
(3) a veterinarian employee of the Texas Veterinary
Medical Diagnostic Laboratory; or
(4) a person licensed to practice veterinary medicine
in another jurisdiction, if the board determines that the person's
specialty practice is unrepresented or underrepresented in this
state.
SECTION 12. The heading to Section 801.257, Occupations
Code, is amended to read as follows:
Sec. 801.257. PROVISIONAL LICENSE TO PRACTICE VETERINARY
MEDICINE.
SECTION 13. Subsection (a), Section 801.257, Occupations
Code, is amended to read as follows:
(a) The board may grant a provisional license to practice
veterinary medicine to an applicant who presents proof that the
applicant:
(1) is licensed in good standing as a veterinarian in
another state that:
(A) has licensing requirements substantially
equivalent to the requirements of this chapter; and
(B) maintains professional standards the board
considers equivalent to the professional standards of this chapter;
and
(2) has passed a national or other examination
recognized by the board relating to veterinary medicine.
SECTION 14. Section 801.258, Occupations Code, is amended
to read as follows:
Sec. 801.258. TEMPORARY LICENSE TO PRACTICE VETERINARY
MEDICINE. The board by rule may provide for the issuance of a
temporary license to practice veterinary medicine.
SECTION 15. Subchapter F, Chapter 801, Occupations Code, is
amended by adding Sections 801.259, 801.260, 801.261, 801.262,
801.263, and 801.264 to read as follows:
Sec. 801.259. LICENSED EQUINE DENTAL PROVIDER
DESIGNATIONS. (a) Subject to Subsection (b), a person may not
represent to the public that the person is authorized to perform
equine dentistry or use the titles "dentist," "certified equine
dental provider," "equine dental provider," "CEDP," or "EDP" unless
the person is licensed to practice equine dentistry under this
chapter.
(b) Only a licensed equine dental provider who is certified
in accordance with Section 801.261(a)(3) may use the title
"certified equine dental provider" or the designation "CEDP." Only
a licensed equine dental provider who is licensed before September
1, 2013, and who is not certified in accordance with Section
801.261(a)(3) may use the title "equine dental provider" or the
designation "EDP."
Sec. 801.260. LICENSE REQUIRED FOR EQUINE DENTISTRY. A
person may not perform equine dentistry or offer or attempt to act
as an equine dental provider unless the person is:
(1) a veterinarian who is active and in good standing;
or
(2) a licensed equine dental provider who is active
and in good standing performing under the supervision of a
veterinarian who is active and in good standing.
Sec. 801.261. LICENSED EQUINE DENTAL PROVIDER:
APPLICATION, QUALIFICATIONS, AND ISSUANCE. (a) The board shall
issue an equine dental provider license to a person who is qualified
under this section. A person is qualified to be licensed as an
equine dental provider if the person:
(1) passes a jurisprudence examination conducted by
the board in accordance with Section 801.264;
(2) is not disqualified under this chapter or board
rule; and
(3) is certified by the International Association of
Equine Dentistry or another board-approved certification entity or
organization.
(b) An applicant for an equine dental provider license must
submit to the board:
(1) an application on the form prescribed by the
board;
(2) information to enable the board to conduct a
criminal background check as required by the board; and
(3) any other information required by the board.
Sec. 801.262. SCOPE OF PRACTICE OF LICENSED EQUINE DENTAL
PROVIDER. (a) A licensed equine dental provider may not perform
equine dentistry unless the provider is active and in good standing
and performs equine dentistry under the general supervision of a
veterinarian who is active and in good standing.
(b) A licensed equine dental provider may perform only the
following equine dental procedures:
(1) removing sharp enamel points;
(2) removing small dental overgrowths;
(3) rostral profiling of the first cheek teeth;
(4) reducing incisors;
(5) extracting loose, deciduous teeth;
(6) removing supragingival calculus;
(7) extracting loose, mobile, or diseased teeth or
dental fragments with minimal periodontal attachments by hand and
without the use of an elevator; and
(8) removing erupted, non-displaced wolf teeth.
(c) Subsection (b) may not be construed to prohibit an
employee of a veterinarian who is not a licensed equine dental
provider from performing the equine dental procedures described in
Subsection (b) if the employee is under the direct supervision of a
veterinarian.
(d) A copy of the dental chart of an equine animal is to be
left with the person who authorizes an equine dental procedure and
is to be made available to the supervising veterinarian upon
request.
Sec. 801.263. LICENSED EQUINE DENTAL PROVIDER
RESPONSIBILITY. A licensed equine dental provider shall be held to
the same standard of care as a veterinarian when the provider
performs the equine dental procedures described in Section
801.262(b).
Sec. 801.264. JURISPRUDENCE EXAMINATION. The board shall
develop and administer a jurisprudence examination for licensed
equine dental providers to determine an applicant's knowledge of
this chapter, board rules, and any other applicable laws of this
state affecting the applicant's equine dentistry practice.
SECTION 16. Subsections (b) and (c), Section 801.303,
Occupations Code, are amended to read as follows:
(b) A person whose license has been expired for 90 days or
less may renew the license by paying to the board a renewal fee that
is equal to the sum of 1-1/2 times the renewal fee set by the board
under Section 801.154(a) and the additional fee required by Section
801.154(b), if applicable.
(c) A person whose license has been expired for more than 90
days but less than one year may renew the license by paying to the
board a renewal fee that is equal to the sum of two times the renewal
fee set by the board under Section 801.154(a) and the additional fee
required by Section 801.154(b), if applicable.
SECTION 17. Section 801.304, Occupations Code, is amended
to read as follows:
Sec. 801.304. FEE EXEMPTION. A veterinarian [license
holder] is exempt from the fee requirements imposed under Section
801.303 if the veterinarian [license holder]:
(1) is on active duty with the Armed Forces of the
United States and does not engage in private or civilian practice;
or
(2) is permanently and totally retired.
SECTION 18. Subsection (a), Section 801.305, Occupations
Code, is amended to read as follows:
(a) A person who was licensed to practice veterinary
medicine in this state, moved to another state, and is currently
licensed in good standing and has been in practice in the other
state for the two years preceding the date of application may obtain
a new license to practice veterinary medicine without
reexamination.
SECTION 19. Section 801.306, Occupations Code, is amended
to read as follows:
Sec. 801.306. INACTIVE STATUS. The board by rule may
provide for the placement of a license holder [veterinarian] on
inactive status. The rules adopted under this section must include
a limit on the time a license holder [veterinarian] may remain on
inactive status.
SECTION 20. Subsections (a) and (b), Section 801.307,
Occupations Code, are amended to read as follows:
(a) The board by rule shall establish a minimum number of
hours of continuing education required to renew a license to
practice veterinary medicine. The board shall require eight hours
of continuing education annually to renew an equine dental provider
license.
(b) The board may:
(1) establish general categories of continuing
education that meet the needs of license holders [veterinarians];
and
(2) require a license holder [veterinarian] to
successfully complete continuing education courses.
SECTION 21. Subsections (b) and (c), Section 801.352,
Occupations Code, are amended to read as follows:
(b) A veterinarian may not:
(1) allow a person who does not hold a license to
practice veterinary medicine issued under this chapter to interfere
with or intervene in the veterinarian's practice of veterinary
medicine; or
(2) submit to interference or intervention by a person
who does not hold a license to practice veterinary medicine issued
under this chapter.
(c) A veterinarian shall avoid a relationship that may
result in interference with or intervention in the veterinarian's
practice of veterinary medicine by a person who does not hold a
license to practice veterinary medicine issued under this chapter.
SECTION 22. Section 801.3541, Occupations Code, is amended
to read as follows:
Sec. 801.3541. LOCATION OF VETERINARY PRACTICE. The
premises on which a veterinary practice is located may be owned by a
person or other legal entity that does not hold a license to
practice veterinary medicine issued under this chapter.
SECTION 23. Sections 801.402, 801.403, and 801.404,
Occupations Code, are amended to read as follows:
Sec. 801.402. GENERAL GROUNDS FOR LICENSE DENIAL OR
DISCIPLINARY ACTION. A person is subject to denial of a license or
to disciplinary action under Section 801.401 if the person:
(1) presents to the board dishonest or fraudulent
evidence of the person's qualifications;
(2) commits fraud or deception in the examination
process or to obtain a license;
(3) is chronically or habitually intoxicated,
chemically dependent, or addicted to drugs;
(4) engages in dishonest or illegal practices in, or
connected with, the practice of veterinary medicine or the practice
of equine dentistry;
(5) is convicted of a felony under the laws of this
state, another state, or the United States;
(6) engages in practices or conduct that violates the
board's rules of professional conduct;
(7) permits another to use the person's license to
practice veterinary medicine or to practice equine dentistry in
this state;
(8) fraudulently issues a health certificate,
vaccination certificate, test chart, or other form used in the
practice of veterinary medicine or the practice of equine dentistry
that relates to the presence or absence of animal disease;
(9) issues a false certificate relating to the sale
for human consumption of inedible animal products;
(10) commits fraud in connection with the application
or reporting of a test of animal disease;
(11) pays or receives a kickback, rebate, bonus, or
other remuneration for treating an animal or for referring a client
to another provider of veterinary or equine dental services or
goods;
(12) performs or prescribes unnecessary or
unauthorized treatment;
(13) orders a prescription drug or controlled
substance for the treatment of an animal without first establishing
a veterinarian-client-patient relationship;
(14) refuses to admit a board representative to
inspect the person's client and patient records and business
premises during regular business hours;
(15) fails to keep the person's equipment and business
premises in a sanitary condition;
(16) commits gross malpractice or a pattern of acts
that indicate consistent malpractice, negligence, or incompetence
in the practice of veterinary medicine or the practice of equine
dentistry; or
(17) is subject to disciplinary action in another
jurisdiction, including the suspension, probation, or revocation
of a license to practice veterinary medicine or to practice equine
dentistry issued by another jurisdiction.
Sec. 801.403. FAILURE TO REPORT DISEASE. The board may
suspend or revoke a license to practice veterinary medicine, place
a veterinarian [license holder] on probation, or reprimand a
veterinarian [license holder] if the veterinarian [license holder]
knowingly fails to report a disease to the Texas Animal Health
Commission as required by Section 161.101, Agriculture Code.
Sec. 801.404. FAILURE TO MAINTAIN RECORDS. The board may
suspend or revoke a license to practice veterinary medicine issued
under this chapter or place on probation a veterinarian [license
holder] if the veterinarian [license holder] fails to maintain
records as required by Section 801.359.
SECTION 24. Subsection (a), Section 801.502, Occupations
Code, is amended to read as follows:
(a) The board, through the attorney general or a district or
county attorney, may bring an action for an injunction, or a
proceeding incident to an injunction, to:
(1) enforce this chapter; or
(2) enjoin a person, including a corporation,
organization, business trust, estate, trust, partnership,
association, or other legal entity, from practicing veterinary
medicine or equine dentistry in violation of this chapter.
SECTION 25. Subsections (a) and (b), Section 801.506,
Occupations Code, are amended to read as follows:
(a) A sole proprietorship, partnership, or corporation may
not engage in veterinary medicine unless the owner, each partner,
or each shareholder, as appropriate, holds a license to practice
veterinary medicine issued under this chapter.
(b) A corporation, organization, business trust, estate,
trust, partnership, association, or other legal entity not owned
exclusively by one or more persons licensed to practice veterinary
medicine under this chapter may not engage in veterinary medicine.
SECTION 26. Subsection (a), Section 801.508, Occupations
Code, is amended to read as follows:
(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.
SECTION 27. Chapter 801, Occupations Code, is amended by
adding Subchapter L to read as follows:
SUBCHAPTER L. EQUINE DENTAL PROVIDER ADVISORY COMMITTEE
Sec. 801.551. EQUINE DENTAL PROVIDER ADVISORY COMMITTEE.
(a) The equine dental provider advisory committee is an informal
advisory committee to the board and is not subject to Chapter 2110,
Government Code.
(b) The advisory committee does not have any independent
rulemaking authority but shall advise and assist the board in
adopting rules relating to licensed equine dental providers.
(c) The board shall consult the advisory committee
regarding matters relating to a disciplinary action that involves a
licensed equine dental provider.
Sec. 801.552. APPOINTMENT OF ADVISORY COMMITTEE. (a) The
equine dental provider advisory committee is composed of three
members appointed by the presiding officer of the board as follows:
(1) two members who are licensed equine dental
providers, have resided in and engaged in the practice of smoothing
or filing teeth by floating in this state for the five years
immediately preceding the date of appointment, and are of good
repute; and
(2) one veterinarian member who is active and in good
standing and who supervises a licensed equine dental provider.
(b) Notwithstanding Subsection (a)(1), the advisory
committee members appointed under Subsection (a)(1) are not
required to hold a license to practice equine dentistry issued
under this chapter until September 1, 2012. This subsection
expires September 1, 2013.
(c) Appointments to the advisory committee shall be made
without regard to the race, color, disability, sex, religion, age,
or national origin of the appointees.
Sec. 801.553. TERMS; VACANCY. (a) Members of the equine
dental provider advisory committee are appointed for staggered
six-year terms. The terms of the members expire 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. 801.554. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the equine dental provider advisory committee that a
member:
(1) does not have at the time of appointment the
qualifications required by Section 801.552;
(2) does not maintain during service on the advisory
committee the qualifications required by Section 801.552; and
(3) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term.
(b) The validity of an action of the advisory committee is
not affected by the fact that it is taken when a ground for removal
of an advisory committee member exists.
Sec. 801.555. OFFICERS. The presiding officer of the board
shall designate biennially an equine dental provider 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. 801.556. REIMBURSEMENT; COMPENSATION. An equine
dental provider advisory committee member is not entitled to
reimbursement for travel expenses or compensation.
Sec. 801.557. MEETINGS. (a) The equine dental provider
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 28. Subchapter F, Chapter 411, Government Code, is
amended by adding Section 411.0995 to read as follows:
Sec. 411.0995. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: STATE BOARD OF VETERINARY MEDICAL EXAMINERS. The
State Board of Veterinary Medical Examiners is entitled to obtain
from the department criminal history record information maintained
by the department that relates to a person who is:
(1) an applicant for a license to practice equine
dentistry under Chapter 801, Occupations Code; or
(2) the holder of a license under that chapter.
SECTION 29. (a) Not later than October 1, 2011, the
presiding officer of the State Board of Veterinary Medical
Examiners shall appoint the initial members of the equine dental
provider advisory committee established under Subchapter L,
Chapter 801, Occupations Code, as added by this Act, with the term
of one member expiring February 1, 2013, the term of one member
expiring February 1, 2015, and the term of one member expiring
February 1, 2017.
(b) Not later than June 1, 2012, the State Board of
Veterinary Medical Examiners, in consultation with the equine
dental provider advisory committee established under Subchapter L,
Chapter 801, Occupations Code, as added by this Act, shall adopt the
rules, procedures, and jurisprudence examination required to
implement the licensure of equine dental providers under Chapter
801, Occupations Code, as amended by this Act.
(c) Notwithstanding Section 801.260, Occupations Code, as
added by this Act, a person employed as an equine dental provider is
not required to hold a license under Chapter 801, Occupations Code,
and is not subject to the imposition of a penalty for not holding a
license under that chapter before September 1, 2012.
SECTION 30. (a) Before September 1, 2013, the State Board
of Veterinary Medical Examiners shall issue a provisional equine
dental provider license required by Section 801.260, Occupations
Code, as added by this Act, to a person who is not certified by the
International Association of Equine Dentistry or another
board-approved entity or organization if the person:
(1) presents proof of graduation from or completion of
280 hours of course work at a dental school; and
(2) submits, with the application and other
information required under Subsection (b), Section 801.261,
Occupations Code, as added by this Act:
(A) three notarized affidavits in which equine
owners or industry professionals who are residents of this state
state that they know the person and that the person is known in the
community to be competent in the practice of smoothing or filing
teeth by floating; and
(B) three letters of recommendation from
veterinarians licensed to practice in this state.
(b) A license issued under this section may be renewed in
the same manner as a license issued to a person under Section
801.261, Occupations Code, as added by this Act.
(c) This section expires September 1, 2013.
SECTION 31. This Act takes effect September 1, 2011.