Bill Text: TX SB319 | 2017-2018 | 85th Legislature | Engrossed
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Bill Title: Relating to the continuation and functions of the State Board of Veterinary Medical Examiners; authorizing a reduction in fees; providing penalties.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-09 - Effective on 9/1/17 [SB319 Detail]
Download: Texas-2017-SB319-Engrossed.html
Bill Title: Relating to the continuation and functions of the State Board of Veterinary Medical Examiners; authorizing a reduction in fees; providing penalties.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-09 - Effective on 9/1/17 [SB319 Detail]
Download: Texas-2017-SB319-Engrossed.html
By: Watson, et al. | S.B. No. 319 |
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relating to the continuation and functions of the State Board of | ||
Veterinary Medical Examiners; authorizing a reduction in fees; | ||
providing penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 801.003, Occupations Code, is amended to | ||
read as follows: | ||
Sec. 801.003. APPLICATION OF SUNSET ACT. The State Board of | ||
Veterinary Medical Examiners is subject to Chapter 325, Government | ||
Code (Texas Sunset Act). Unless continued in existence as provided | ||
by that chapter, the board is abolished and this chapter expires | ||
September 1, 2021 [ |
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SECTION 2. Section 801.051(a), Occupations Code, is amended | ||
to read as follows: | ||
(a) The State Board of Veterinary Medical Examiners | ||
consists of nine members appointed by the governor with the advice | ||
and consent of the senate as follows: | ||
(1) five [ |
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(A) one veterinarian member who is associated | ||
with an animal shelter; and | ||
(B) one veterinarian member who has at least | ||
three years of experience practicing veterinary medicine in this | ||
state on horses, livestock, or other large animals; [ |
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(2) one licensed veterinary technician member; and | ||
(3) three members who represent the public. | ||
SECTION 3. Section 801.057, Occupations Code, is amended by | ||
amending Subsection (b) and adding Subsection (d) to read as | ||
follows: | ||
(b) The training program must provide the person with | ||
information regarding: | ||
(1) the law governing board operations; | ||
(2) the [ |
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(3) the scope of and limitations on the rulemaking | ||
authority of the board; | ||
(4) the types of board rules, interpretations, and | ||
enforcement actions that may implicate federal antitrust law by | ||
limiting competition or impacting prices charged by persons engaged | ||
in a profession or business the board regulates, including rules, | ||
interpretations, and enforcement actions that: | ||
(A) regulate the scope of practice of persons in | ||
a profession or business the board regulates; | ||
(B) restrict advertising by persons in a | ||
profession or business the board regulates; | ||
(C) affect the price of goods or services | ||
provided by persons in a profession or business the board | ||
regulates; or | ||
(D) restrict participation in a profession or | ||
business the board regulates; | ||
(5) [ |
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of the board; | ||
(6) [ |
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(A) laws relating to open meetings, public | ||
information, administrative procedure, and disclosing conflicts of | ||
interest; and | ||
(B) other laws applicable to members of the board | ||
in performing their duties; and | ||
(7) [ |
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the board or the Texas Ethics Commission. | ||
(d) The executive director of the board shall create a | ||
training manual that includes the information required by | ||
Subsection (b). The executive director shall distribute a copy of | ||
the training manual annually to each board member. On receipt of | ||
the training manual, each board member shall sign and submit to the | ||
executive director a statement acknowledging receipt of the | ||
training manual. | ||
SECTION 4. Section 801.154, Occupations Code, is amended to | ||
read as follows: | ||
Sec. 801.154. FEES. [ |
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in amounts that are reasonable and necessary so that the fees, in | ||
the aggregate, cover the costs of administering this chapter. [ |
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SECTION 5. Subchapter D, Chapter 801, Occupations Code, is | ||
amended by adding Section 801.164 to read as follows: | ||
Sec. 801.164. RISK-BASED INSPECTIONS RELATED TO CONTROLLED | ||
SUBSTANCES PRACTICES. The board may conduct a risk-based | ||
inspection of a veterinarian's practice based on information | ||
obtained from the veterinarian or another source concerning the | ||
veterinarian's use, handling, prescribing, dispensing, or delivery | ||
of controlled substances. | ||
SECTION 6. 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 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; | ||
(3) require that the board be advised of a complaint | ||
that is dismissed [ |
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(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 7. Section 801.2055, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 801.2055. COMPLAINTS REQUIRING MEDICAL EXPERTISE. | ||
(a) A complaint that requires medical expertise to review must be | ||
reviewed by one [ |
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it to an informal proceeding under Section 801.408. | ||
(b) If the veterinarian reviewers determine to: | ||
(1) dismiss the complaint, the dismissal must be | ||
approved by the board at a public meeting; or | ||
(2) refer the complaint to an informal proceeding, the | ||
complaint is referred to an informal proceeding under Section | ||
801.408. | ||
(c) If the board designates more than one veterinarian | ||
reviewer and the reviewers [ |
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refer the complaint to an informal proceeding, the complaint is | ||
referred to an informal proceeding under Section 801.408. | ||
(d) A veterinarian board member who reviews a complaint | ||
under this section may not participate in any subsequent | ||
disciplinary proceeding related to the complaint. | ||
SECTION 8. Section 801.207, Occupations Code, is amended by | ||
amending Subsection (b) and adding Subsections (c), (d), and (e) to | ||
read as follows: | ||
(b) 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 [ |
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(c) 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. | ||
SECTION 9. Subchapter E, Chapter 801, Occupations Code, is | ||
amended by adding Section 801.208 to read as follows: | ||
Sec. 801.208. NOTIFICATION TO COMPLAINANT REGARDING | ||
COMPLAINT DISPOSITION. (a) The board shall promptly notify a | ||
complainant of the final disposition of the complaint, including | ||
notice: | ||
(1) that the complaint was dismissed; | ||
(2) that a penalty, disciplinary action, or other | ||
sanction was imposed; or | ||
(3) that the complaint was disposed of in another | ||
manner and the nature of that disposition. | ||
(b) The board shall include with the notification a copy of | ||
any public sanction imposed by the board. | ||
(c) The board shall include in the notification an | ||
explanation of each reason for the disposition, including, as | ||
applicable, in plain, easily understandable language, each reason | ||
the conduct alleged in the complaint did or did not constitute | ||
grounds for the imposition of a penalty, disciplinary action, or | ||
other sanction. | ||
(d) The notification may not include information that is | ||
confidential under Section 801.207(b). | ||
SECTION 10. Subchapter E, Chapter 801, Occupations Code, is | ||
amended by adding Section 801.209 to read as follows: | ||
Sec. 801.209. REQUIREMENTS FOR CERTAIN COMPLAINTS. (a) In | ||
this section: | ||
(1) "Anonymous complaint" means a complaint that lacks | ||
sufficient information to identify the source or the name of the | ||
person who filed the complaint. | ||
(2) "Insurance professional" means a person licensed | ||
under Title 13, Insurance Code. | ||
(3) "Insurer" means an insurance company or other | ||
entity authorized to engage in the business of insurance under | ||
Title 6, Insurance Code. | ||
(b) The board may not accept anonymous complaints. | ||
(c) Notwithstanding any confidentiality requirements under | ||
Chapter 552, Government Code, or this chapter, a complaint filed | ||
with the board against a license holder by a pharmaceutical company | ||
or by an insurance professional or insurer relating to insurance | ||
covering veterinary services must include the name and address of | ||
the pharmaceutical company, insurance professional, or insurer | ||
filing the complaint. Not later than the 15th day after the date | ||
the complaint is filed with the board, the board shall notify the | ||
license holder who is the subject of the complaint of the name and | ||
address of the pharmaceutical company, insurance professional, or | ||
insurer who filed the complaint, unless the notice would jeopardize | ||
an investigation. | ||
SECTION 11. Subchapter F, Chapter 801, Occupations Code, is | ||
amended by adding Section 801.267 to read as follows: | ||
Sec. 801.267. CRIMINAL HISTORY RECORD INFORMATION FOR | ||
LICENSE ISSUANCE. (a) The board shall require that an applicant | ||
for a license submit a complete and legible set of fingerprints, on | ||
a form prescribed by the board, to the board or to the Department of | ||
Public Safety for the purpose of obtaining criminal history record | ||
information from the Department of Public Safety and the Federal | ||
Bureau of Investigation. | ||
(b) The board may not issue a license to a person who does | ||
not comply with the requirement of Subsection (a). | ||
(c) The board shall conduct a criminal history record | ||
information check of each applicant for a license using | ||
information: | ||
(1) provided by the individual under this section; and | ||
(2) made available to the board by the Department of | ||
Public Safety, the Federal Bureau of Investigation, and any other | ||
criminal justice agency under Chapter 411, Government Code. | ||
(d) The board may: | ||
(1) enter into an agreement with the Department of | ||
Public Safety to administer a criminal history record information | ||
check required under this section; and | ||
(2) authorize the Department of Public Safety to | ||
collect from each applicant the costs incurred by the Department of | ||
Public Safety in conducting the criminal history record information | ||
check. | ||
SECTION 12. Section 801.301, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 801.301. LICENSE TERM AND [ |
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(a) The board shall provide: | ||
(1) that each type of license under this chapter is | ||
valid for a term of one year or two years; and | ||
(2) for the [ |
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(b) The board by rule may adopt a system under which | ||
licenses expire on various dates during the year. | ||
(c) For a year in which the license expiration date is | ||
changed, the board shall prorate license fees [ |
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pays only that portion of the fee that is allocable to the number of | ||
months during which the license is valid. On renewal of the license | ||
on the new expiration date, the total license renewal fee is | ||
payable. | ||
SECTION 13. 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 on inactive status. | ||
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SECTION 14. Sections 801.307(b) and (c), Occupations Code, | ||
are amended to read as follows: | ||
(b) The board may: | ||
(1) establish general categories of continuing | ||
education that meet the needs of license holders; [ |
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(2) require a license holder to successfully complete | ||
continuing education courses; and | ||
(3) for a license valid for two years, provide a one | ||
year or two year period for the completion of continuing education. | ||
(c) The board may require a license holder who does not | ||
complete the required number of hours of continuing education in a | ||
period [ |
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Hours required to be made up in a later period [ |
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addition to the hours normally required to be completed in that | ||
period [ |
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SECTION 15. Subchapter G, Chapter 801, Occupations Code, is | ||
amended by adding Section 801.309 to read as follows: | ||
Sec. 801.309. CRIMINAL HISTORY RECORD INFORMATION | ||
REQUIREMENT FOR LICENSE RENEWAL. (a) An applicant renewing a | ||
license issued under this chapter shall submit a complete and | ||
legible set of fingerprints for purposes of performing a criminal | ||
history record information check of the applicant as provided by | ||
Section 801.267. | ||
(b) The board may administratively suspend or refuse to | ||
renew the license of a person who does not comply with the | ||
requirement of Subsection (a). | ||
(c) A license holder is not required to submit fingerprints | ||
under this section for the renewal of the license if the license | ||
holder has previously submitted fingerprints under: | ||
(1) Section 801.267 for the initial issuance of the | ||
license; or | ||
(2) this section as part of a prior license renewal. | ||
SECTION 16. The heading to Section 801.407, Occupations | ||
Code, is amended to read as follows: | ||
Sec. 801.407. RIGHT TO HEARING[ |
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SECTION 17. Section 801.407(c), Occupations Code, is | ||
amended to read as follows: | ||
(c) The State Office of Administrative Hearings shall use | ||
the schedule of sanctions under Section 801.411 [ |
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by that office. | ||
SECTION 18. Subchapter I, Chapter 801, Occupations Code, is | ||
amended by adding Section 801.411 to read as follows: | ||
Sec. 801.411. SCHEDULE OF SANCTIONS. (a) The board by | ||
rule shall adopt a schedule of penalties, disciplinary actions, and | ||
other sanctions that the board may impose under this chapter. | ||
(b) In adopting the schedule of sanctions under Subsection | ||
(a), the board shall ensure that the severity of the sanction | ||
imposed is appropriate to the type of violation or conduct that is | ||
the basis for disciplinary action. The schedule must provide that | ||
the type of disciplinary action or other sanction and the amount of | ||
a penalty imposed under this chapter must be based on: | ||
(1) the seriousness of the violation, including: | ||
(A) the nature, circumstances, extent, and | ||
gravity of any prohibited act; and | ||
(B) the hazard or potential hazard created to the | ||
health, safety, or economic welfare of the public; | ||
(2) the economic harm to property or the environment | ||
caused by the violation; | ||
(3) the history of previous violations; | ||
(4) the amount of penalty or type of disciplinary | ||
action or sanction necessary to deter a future violation; | ||
(5) efforts to correct the violation; and | ||
(6) any other matter that justice may require. | ||
SECTION 19. Sections 801.452(b) and (c), Occupations Code, | ||
are amended to read as follows: | ||
(b) The amount of the penalty shall be based on the schedule | ||
of sanctions adopted under Section 801.411[ |
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(c) A committee described by Section 801.408(c) or (d) shall | ||
recommend the amount of the administrative penalty based on the | ||
schedule of sanctions adopted under Section 801.411 [ |
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SECTION 20. Subchapter K, Chapter 801, Occupations Code, is | ||
amended by adding Section 801.5011 to read as follows: | ||
Sec. 801.5011. MONITORING HARMFUL PRESCRIBING AND | ||
DISPENSING PATTERNS. (a) The board shall periodically check the | ||
prescribing and dispensing information submitted to the Texas State | ||
Board of Pharmacy as authorized by Section 481.076(a)(1), Health | ||
and Safety Code, to determine whether a veterinarian is engaging in | ||
potentially harmful prescribing or dispensing patterns or | ||
practices. | ||
(b) The board, in coordination with the Texas State Board of | ||
Pharmacy, shall determine the conduct that constitutes a | ||
potentially harmful prescribing or dispensing pattern or practice | ||
for purposes of Subsection (a). In determining the conduct that | ||
constitutes a potentially harmful prescribing or dispensing | ||
pattern or practice, the board, at a minimum, shall consider: | ||
(1) the number of times a veterinarian prescribes or | ||
dispenses: | ||
(A) opioids; | ||
(B) benzodiazepines; | ||
(C) barbiturates; or | ||
(D) carisoprodol; and | ||
(2) for prescriptions and dispensations described by | ||
Subdivision (1), patterns of prescribing or dispensing | ||
combinations of those drugs and other dangerous combinations of | ||
drugs identified by the board. | ||
(c) If the board suspects that a veterinarian may be | ||
engaging in potentially harmful prescribing or dispensing patterns | ||
or practices, the board may notify the veterinarian of the | ||
potentially harmful prescribing or dispensing pattern or practice. | ||
(d) The board may initiate a complaint against a | ||
veterinarian based on information obtained under this section. | ||
SECTION 21. (a) For purposes of Section 801.003, | ||
Occupations Code, as amended by this Act, the Sunset Advisory | ||
Commission shall conduct a special-purpose review of the State | ||
Board of Veterinary Medical Examiners for the 87th Legislature. | ||
(b) In conducting the special-purpose review under this | ||
section: | ||
(1) the Sunset Advisory Commission staff evaluation | ||
and report must be limited to reviewing the effectiveness of | ||
recommendations made by the Sunset Advisory Commission to the 85th | ||
Legislature; and | ||
(2) the Sunset Advisory Commission's recommendations | ||
to the 87th Legislature may include any recommendation the | ||
commission considers appropriate based on the special-purpose | ||
review. | ||
SECTION 22. (a) The changes in law made by this Act to | ||
Section 801.051(a), Occupations Code, do not affect the entitlement | ||
of a member serving on the State Board of Veterinary Medical | ||
Examiners immediately before the effective date of this Act to | ||
continue to serve for the remainder of the member's term. As the | ||
terms of board members expire, the governor shall appoint or | ||
reappoint members who have the qualifications required for members | ||
under Section 801.051, Occupations Code, as amended by this Act. | ||
(b) In making appointments under Section 801.051(a), | ||
Occupations Code, as amended by this Act, the governor may not | ||
appoint a veterinarian member who is not described by Section | ||
801.051(a)(1)(A) or (B) unless one member described by Section | ||
801.051(a)(1)(A), one member described by Section | ||
801.051(a)(1)(B), and one member described by Section | ||
801.051(a)(2) have been appointed to or are serving on the State | ||
Board of Veterinary Medical Examiners. This subsection does not | ||
apply after the first date on which one member described by Section | ||
801.051(a)(1)(A), one member described by Section | ||
801.051(a)(1)(B), and one member described by Section | ||
801.051(a)(2) are serving on the board. | ||
SECTION 23. (a) Except as provided by Subsection (b) of | ||
this section, Section 801.057, Occupations Code, as amended by this | ||
Act, applies to a member of the State Board of Veterinary Medical | ||
Examiners appointed before, on, or after the effective date of this | ||
Act. | ||
(b) A member of the State Board of Veterinary Medical | ||
Examiners who, before the effective date of this Act, completed the | ||
training program required by Section 801.057, Occupations Code, as | ||
that law existed before the effective date of this Act, is only | ||
required to complete additional training on the subjects added by | ||
this Act to the training program required by Section 801.057, | ||
Occupations Code. A board member described by this subsection may | ||
not vote, deliberate, or be counted as a member in attendance at a | ||
meeting of the board held on or after December 1, 2017, until the | ||
member completes the additional training. | ||
SECTION 24. (a) The following changes in law apply only to | ||
a complaint filed with the State Board of Veterinary Medical | ||
Examiners on or after the effective date of this Act: | ||
(1) Section 801.205, Occupations Code, as amended by | ||
this Act; | ||
(2) Section 801.2055, Occupations Code, as amended by | ||
this Act; | ||
(3) Section 801.207(b), Occupations Code, as amended | ||
by this Act, and Sections 801.207(c), (d), and (e), Occupations | ||
Code, as added by this Act; | ||
(4) Section 801.208, Occupations Code, as added by | ||
this Act; and | ||
(5) Section 801.209, Occupations Code, as added by | ||
this Act. | ||
(b) A complaint filed before the effective date of this Act | ||
is governed by the law in effect on the date the complaint was | ||
filed, and the former law is continued in effect for that purpose. | ||
SECTION 25. Sections 801.267 and 801.309, Occupations Code, | ||
as added by this Act, apply only to an application for the issuance | ||
or renewal of a license submitted to the State Board of Veterinary | ||
Medical Examiners on or after the effective date of this Act. An | ||
application submitted before the effective date of this Act is | ||
governed by the law in effect on the date the application was | ||
submitted, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 26. Sections 801.407(c) and 801.452(b) and (c), | ||
Occupations Code, as amended by this Act, and Section 801.411, | ||
Occupations Code, as added by this Act, apply only to conduct that | ||
occurs on or after the date that rules under Section 801.411 become | ||
effective. Conduct that occurs before that date is governed by the | ||
law in effect immediately before the effective date of this Act, and | ||
the former law is continued in effect for that purpose. | ||
SECTION 27. This Act takes effect September 1, 2017. |