Bill Text: TX SB1312 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the regulation and practice of veterinary medicine; authorizing a fee.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB1312 Detail]
Download: Texas-2013-SB1312-Enrolled.html
S.B. No. 1312 |
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relating to the regulation and practice of veterinary medicine; | ||
authorizing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 801.002, Occupations Code, is amended by | ||
adding Subdivisions (1-a), (4-b), (4-c), and (6-a) and amending | ||
Subdivision (4-a) to read as follows: | ||
(1-a) "Certified veterinary assistant" means a person | ||
who has been certified as a certified veterinary assistant by the | ||
Texas Veterinary Medical Association and is employed by a licensed | ||
veterinarian. | ||
(4-a) "Immediate supervision" means supervision by a | ||
person who is within audible and visual range of both the animal | ||
patient and the person under supervision. | ||
(4-b) "Licensed equine dental provider" means a person | ||
who holds a license to practice equine dentistry issued under this | ||
chapter. | ||
(4-c) "Licensed veterinary technician" means a person | ||
licensed as a veterinary technician by the board. | ||
(6-a) "Veterinary assistant" means a person who: | ||
(A) is employed by a licensed veterinarian; | ||
(B) performs tasks related to animal care; and | ||
(C) is not a certified veterinary assistant or a | ||
licensed veterinary technician. | ||
SECTION 2. Subsections (c), (d), and (e), Section 801.151, | ||
Occupations Code, are amended to read as follows: | ||
(c) The board shall adopt rules to: | ||
(1) protect the public; | ||
(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; [ |
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(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 in accordance with Section 801.351; and | ||
(4) provide for the licensing and regulation of | ||
licensed veterinary technicians. | ||
(d) The board may adopt rules regarding the work of a person | ||
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(e) The board shall adopt rules to implement a jurisprudence | ||
examination for licensed equine dental providers and licensed | ||
veterinary technicians, 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. | ||
SECTION 3. Subchapter D, Chapter 801, Occupations Code, is | ||
amended by adding Section 801.163 to read as follows: | ||
Sec. 801.163. ADVISORY COMMITTEES. (a) The board may | ||
appoint advisory committees to perform advisory functions as | ||
assigned by the board. | ||
(b) An advisory committee shall provide independent | ||
expertise on board functions and policies, but may not be involved | ||
in setting board policy. | ||
(c) The board shall adopt rules regarding the purpose, | ||
structure, and use of an advisory committee, including rules on: | ||
(1) the purpose, role, responsibility, and goal of an | ||
advisory committee; | ||
(2) the size and quorum requirements for an advisory | ||
committee; | ||
(3) the composition and representation of an advisory | ||
committee; | ||
(4) the qualifications of advisory committee members, | ||
including any experience requirements or requirements that members | ||
represent specific geographic regions of the state; | ||
(5) the appointment procedures for an advisory | ||
committee; | ||
(6) the terms of service for advisory committee | ||
members; | ||
(7) the training requirements for advisory committee | ||
members, if necessary; | ||
(8) the method the board will use to receive public | ||
input on issues addressed by an advisory committee; and | ||
(9) the development of board policies and procedures | ||
to ensure that an advisory committee meets the requirements for | ||
open meetings under Chapter 551, Government Code, including notice | ||
requirements. | ||
(d) To the extent of any conflict with Chapter 2110, | ||
Government Code, this section and board rules adopted under this | ||
section control. | ||
SECTION 4. Section 801.264, Occupations Code, is amended to | ||
read as follows: | ||
Sec. 801.264. JURISPRUDENCE EXAMINATION. (a) 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 [ |
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practice. | ||
(b) The board shall develop and administer a jurisprudence | ||
examination for licensed veterinary technicians to determine an | ||
applicant's knowledge of this chapter, board rules, and any other | ||
applicable laws of this state affecting the applicant's employment | ||
as a licensed veterinary technician. | ||
SECTION 5. Subchapter F, Chapter 801, Occupations Code, is | ||
amended by adding Sections 801.265 and 801.266 to read as follows: | ||
Sec. 801.265. LICENSED VETERINARY TECHNICIAN: | ||
APPLICATION, QUALIFICATIONS, AND ISSUANCE. (a) The board shall | ||
issue a veterinary technician license to a person who is qualified | ||
under this section. A person is qualified to be licensed as a | ||
licensed veterinary technician if the person: | ||
(1) passes a jurisprudence examination conducted by | ||
the board in accordance with Section 801.264; | ||
(2) is at least 18 years old; | ||
(3) has graduated from a program accredited by the | ||
American Veterinary Medical Association; | ||
(4) has passed the Veterinary Technician National | ||
Examination; and | ||
(5) is not disqualified under this chapter or board | ||
rule. | ||
(b) An applicant for a veterinary technician 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 if required by the board; and | ||
(3) any other information required by the board. | ||
Sec. 801.266. LICENSED VETERINARY TECHNICIAN LICENSE | ||
REQUIRED; DISPLAY OF LICENSE. (a) A person may not use the title | ||
"Licensed Veterinary Technician" or "LVT" or advertise or offer | ||
services in a manner to lead other people to believe that the person | ||
is licensed as a licensed veterinary technician unless the person | ||
holds a license under Section 801.265. | ||
(b) If employed by a veterinary hospital, a licensed | ||
veterinary technician shall display at that facility the person's | ||
license issued by the board or a legible photocopy of the license. | ||
SECTION 6. Subsection (a), Section 801.307, Occupations | ||
Code, is 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 or work as a licensed veterinary | ||
technician. The board shall require six hours of continuing | ||
education annually to renew an equine dental provider license. | ||
SECTION 7. Subchapter H, Chapter 801, Occupations Code, is | ||
amended by adding Sections 801.363 and 801.364 to read as follows: | ||
Sec. 801.363. DELEGATION AND SUPERVISION OF ANIMAL CARE | ||
TASKS. (a) Decisions relating to the diagnosis, treatment, | ||
management, and future disposition of an animal patient must be | ||
made by a supervising veterinarian. | ||
(b) A supervising veterinarian shall determine the | ||
appropriate level of supervision and protocol for a task that is | ||
delegated to a licensed veterinary technician, certified | ||
veterinary assistant, or veterinary assistant. In determining the | ||
appropriate level of supervision, the veterinarian must consider | ||
the level of training and experience of the person to whom the task | ||
is delegated. | ||
(c) According to the judgment of the supervising | ||
veterinarian, a veterinarian may delegate greater responsibility | ||
to a licensed veterinary technician than to a certified veterinary | ||
assistant or a veterinary assistant. A veterinarian may provide | ||
greater supervision for a task performed by a certified veterinary | ||
assistant or a veterinary assistant than for the same task | ||
performed by a licensed veterinary technician. | ||
(d) A satellite office or mobile facility may not be | ||
operated without a supervising veterinarian. | ||
Sec. 801.364. SCOPE OF PRACTICE OF LICENSED VETERINARY | ||
TECHNICIANS, CERTIFIED VETERINARY ASSISTANTS, AND VETERINARY | ||
ASSISTANTS. (a) A licensed veterinary technician may: | ||
(1) under the direct or immediate supervision of a | ||
veterinarian: | ||
(A) suture to close existing surgical skin | ||
incisions and skin lacerations; | ||
(B) induce anesthesia; and | ||
(C) extract loose teeth or dental fragments of | ||
companion animals with minimal periodontal attachments by hand and | ||
without the use of an elevator; | ||
(2) under the direct, immediate, or general | ||
supervision of a veterinarian: | ||
(A) draw blood; and | ||
(B) take samples for the purpose of testing and | ||
diagnosis; | ||
(3) perform a task assigned by the supervising | ||
veterinarian under a level of supervision determined by the | ||
supervising veterinarian; and | ||
(4) immediately supervise a certified veterinary | ||
assistant or veterinary assistant who is performing a task | ||
described by Subdivision (1)(A) or (B) or (2) or other tasks related | ||
to animal care as assigned by the supervising veterinarian | ||
according to the protocol established by the supervising | ||
veterinarian. | ||
(b) A licensed veterinary technician who is immediately | ||
supervising a task performed by a certified veterinary assistant or | ||
a veterinary assistant is responsible for conduct that violates | ||
laws, including board rules, related to the practice of veterinary | ||
medicine. | ||
(c) In addition to tasks described by Subsection (a)(4), a | ||
certified veterinary assistant or veterinary assistant may: | ||
(1) under the immediate supervision of a veterinarian: | ||
(A) suture to close existing surgical skin | ||
incisions and skin lacerations; and | ||
(B) induce anesthesia; and | ||
(2) perform other tasks assigned by the supervising | ||
veterinarian under a level of supervision determined by the | ||
supervising veterinarian. | ||
(d) A licensed veterinary technician, certified veterinary | ||
assistant, or veterinary assistant may not: | ||
(1) perform surgery; | ||
(2) perform an invasive dental procedure, except as | ||
provided by Subsection (a)(1)(C); | ||
(3) diagnose or determine a prognosis for an animal | ||
disease or condition; | ||
(4) prescribe a drug or appliance; or | ||
(5) initiate treatment without prior instruction by a | ||
veterinarian, except in the case of an emergency. | ||
SECTION 8. Section 801.402, Occupations Code, is 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; [ |
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(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; | ||
(18) is convicted for an offense under Section 42.09, | ||
42.091, or 42.092, Penal Code; | ||
(19) represents the person as a veterinarian without a | ||
license issued under this chapter; | ||
(20) practices veterinary medicine or assists in the | ||
practice of veterinary medicine without a license issued under this | ||
chapter; or | ||
(21) violates Section 801.353 or a rule adopted by the | ||
board related to confidentiality. | ||
SECTION 9. (a) Before September 1, 2014, the State Board | ||
of Veterinary Medical Examiners shall issue a veterinary technician | ||
license described by Section 801.265, Occupations Code, as added by | ||
this Act, to a person who: | ||
(1) presents proof of registration in good standing as | ||
a registered veterinary technician with the Texas Veterinary | ||
Medical Association; and | ||
(2) submits an application and required fee. | ||
(b) A license issued under this section may be renewed in | ||
the same manner as a license issued to a person under Section | ||
801.265, Occupations Code, as added by this Act. | ||
SECTION 10. Not later than June 1, 2014, the State Board of | ||
Veterinary Medical Examiners shall adopt the rules, procedures, | ||
fees, and jurisprudence examination necessary to administer | ||
Chapter 801, Occupations Code, as amended by this Act. | ||
SECTION 11. Notwithstanding Chapter 801, Occupations Code, | ||
as amended by this Act, a person employed as a licensed veterinary | ||
technician is not required to hold a license under that chapter to | ||
practice as a licensed veterinary technician in this state before | ||
September 1, 2014. | ||
SECTION 12. This Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1312 passed the Senate on | ||
April 25, 2013, by the following vote: Yeas 30, Nays 0; | ||
May 7, 2013, Senate refused to concur in House amendments and | ||
requested appointment of Conference Committee; May 8, 2013, House | ||
granted request of the Senate; May 16, 2013, Senate adopted | ||
Conference Committee Report by the following vote: Yeas 29, | ||
Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1312 passed the House, with | ||
amendments, on May 4, 2013, by the following vote: Yeas 82, | ||
Nays 50, two present not voting; May 8, 2013, House granted request | ||
of the Senate for appointment of Conference Committee; | ||
May 16, 2013, House adopted Conference Committee Report by the | ||
following vote: Yeas 97, Nays 42, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |