Bill Text: TX SB895 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the regulation of equine dental care providers; providing penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-04-04 - Left pending in committee [SB895 Detail]
Download: Texas-2011-SB895-Introduced.html
82R5428 NC-D | ||
By: Zaffirini | S.B. No. 895 |
|
||
|
||
relating to the regulation of equine dental care 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), (3-b), (4-a), and (5-a) to read as | ||
follows: | ||
(3-a) "Equine dental care" means the practice of | ||
equine dentistry that consists only of tooth floating. | ||
(3-b) "Equine dental care provider" means a person who | ||
is not a veterinarian and who holds a certificate issued under this | ||
chapter to practice equine dental care. | ||
(4-a) "Practice of equine dentistry" means the | ||
diagnosis, treatment, or prevention of a wound, injury, disease, or | ||
other condition that affects any portion of an animal's mouth, jaw, | ||
teeth, gums, or related tissue. The term includes: | ||
(A) preventive dental procedures, including | ||
procedures to: | ||
(i) remove calculus, soft deposits, plaque, | ||
and stains; | ||
(ii) reshape teeth above the gum line by | ||
tooth floating; and | ||
(iii) polish tooth surfaces above the gum | ||
line; | ||
(B) surgical dental procedures or any other | ||
dental procedure that invades the hard or soft oral tissue, | ||
including a procedure to: | ||
(i) alter the structure of one or more | ||
teeth; | ||
(ii) repair a misalignment between the | ||
upper and lower teeth; | ||
(iii) repair or treat damaged or diseased | ||
teeth, including through restoration and endodontic procedures; | ||
(iv) extract one or more teeth; and | ||
(v) treat gum disease; | ||
(C) the prescription or administration of | ||
anesthetics, sedatives, tranquilizers, analgesics, or | ||
antimicrobials; and | ||
(D) dental radiography. | ||
(5-a) "Tooth floating" means the performance of an | ||
equine dental procedure, without the administration of a sedative, | ||
tranquilizer, or general anesthetic that is available only by | ||
prescription, to: | ||
(A) remove enamel points; or | ||
(B) smooth, contour, or level incisors or dental | ||
arcades. | ||
SECTION 2. Section 801.151(c), Occupations Code, is 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; | ||
(3) ensure that the practice of equine dentistry, | ||
other than tooth floating, is performed only by a veterinarian; and | ||
(4) ensure that tooth floating is performed only by a | ||
veterinarian or a certified equine dental care provider. | ||
SECTION 3. The heading to Subchapter F, Chapter 801, | ||
Occupations Code, is amended to read as follows: | ||
SUBCHAPTER F. LICENSE AND CERTIFICATION REQUIREMENTS | ||
SECTION 4. Subchapter F, Chapter 801, Occupations Code, is | ||
amended by adding Sections 801.259, 801.260, and 801.261 to read as | ||
follows: | ||
Sec. 801.259. EQUINE DENTIST DESIGNATIONS. (a) A person | ||
may not represent to the public that the person is an equine dentist | ||
or use the title "Eq.D.," "M/Eq.D.," or "Certified Equine Dentist" | ||
unless the person is licensed under this chapter to practice | ||
veterinary medicine and has specialized training in equine | ||
dentistry by a board-approved program. | ||
(b) The board shall adopt rules as necessary to implement | ||
this section. | ||
Sec. 801.260. LICENSE OR CERTIFICATE REQUIRED FOR EQUINE | ||
DENTAL CARE. A person may not engage in the practice of, or offer or | ||
attempt to engage in the practice of, equine dental care unless the | ||
person is: | ||
(1) a veterinarian; or | ||
(2) a certified equine dental care provider. | ||
Sec. 801.261. CERTIFIED EQUINE DENTAL CARE PROVIDER: | ||
APPLICATION, QUALIFICATIONS, AND ISSUANCE. (a) The board shall | ||
issue an equine dental care provider certificate to a person | ||
qualified for certification under this chapter. A person is | ||
qualified if the person: | ||
(1) satisfactorily completes at least 80 hours of | ||
training in equine dentistry at the Texas Institute of Equine | ||
Dentistry or a similar program approved by the board; or | ||
(2) is certified as an equine dental technician by the | ||
International Association of Equine Dentistry or a similar program | ||
approved by the board. | ||
(b) An applicant for an equine dental care provider | ||
certificate must submit to the board: | ||
(1) an application on the form prescribed by the | ||
board; and | ||
(2) any other information required by the board. | ||
SECTION 5. The heading to Subchapter G, Chapter 801, | ||
Occupations Code, is amended to read as follows: | ||
SUBCHAPTER G. LICENSE AND CERTIFICATE EXPIRATION AND RENEWAL | ||
SECTION 6. Sections 801.301, 801.302, and 801.303, | ||
Occupations Code, are amended to read as follows: | ||
Sec. 801.301. ANNUAL RENEWAL REQUIRED. (a) The board shall | ||
provide for the annual renewal of a license or certificate. | ||
(b) The board by rule may adopt a system under which | ||
licenses or certificates expire on various dates during the year. | ||
(c) For a year in which the license or certificate | ||
expiration date is changed, license or certificate fees payable on | ||
March 1 shall be prorated on a monthly basis so that each license or | ||
certificate holder pays only that portion of the fee that is | ||
allocable to the number of months during which the license or | ||
certificate is valid. On renewal of the license or certificate on | ||
the new expiration date, the total license or certificate renewal | ||
fee is payable. | ||
Sec. 801.302. NOTICE OF LICENSE OR CERTIFICATE EXPIRATION. | ||
Not later than the 30th day before the expiration date of a person's | ||
license or certificate, the board shall send written notice of the | ||
impending license or certificate expiration to the person at the | ||
person's last known address according to the board's records. | ||
Sec. 801.303. PROCEDURE FOR RENEWAL. (a) A person who is | ||
otherwise eligible to renew a license or certificate may renew an | ||
unexpired license or certificate by paying the required renewal fee | ||
to the board before the expiration date of the license or | ||
certificate. A person whose license or certificate has expired may | ||
not engage in activities that require a license or certificate | ||
until the license or certificate has been renewed. | ||
(b) A person whose license or certificate has been expired | ||
for 90 days or less may renew the license or certificate 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 or certificate has been expired | ||
for more than 90 days but less than one year may renew the license or | ||
certificate 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. | ||
(d) A person whose license or certificate has been expired | ||
for one year or more may not renew the license or certificate. The | ||
person may obtain a new license or certificate by complying with the | ||
requirements and procedures, including the examination | ||
requirements, for obtaining an original license or certificate. | ||
SECTION 7. Section 801.307, Occupations Code, is amended by | ||
adding Subsection (a-1) and amending Subsections (b) and (c) to | ||
read as follows: | ||
(a-1) The board shall require four hours of continuing | ||
education annually to renew the certificate of an equine dental | ||
care provider. | ||
(b) The board may: | ||
(1) establish general categories of continuing | ||
education that meet the needs of veterinarians or certified equine | ||
dental care providers; and | ||
(2) require a veterinarian or certified equine dental | ||
care provider to successfully complete continuing education | ||
courses. | ||
(c) The board may require a license or certificate holder | ||
who does not complete the required number of hours of continuing | ||
education in a year to make up the missed hours in later years. | ||
Hours required to be made up in a later year are in addition to the | ||
hours normally required to be completed in that year. | ||
SECTION 8. The heading to Subchapter I, Chapter 801, | ||
Occupations Code, is amended to read as follows: | ||
SUBCHAPTER I. LICENSE OR CERTIFICATE DENIAL AND DISCIPLINARY | ||
PROCEDURES | ||
SECTION 9. Sections 801.401(a), (c), and (d), Occupations | ||
Code, are amended to read as follows: | ||
(a) If an applicant or a license or certificate holder is | ||
subject to denial of a license or certificate or to disciplinary | ||
action under Section 801.402, the board may: | ||
(1) refuse to examine an applicant or to issue or renew | ||
a license or certificate; | ||
(2) revoke or suspend a license or certificate; | ||
(3) place on probation a license or certificate holder | ||
or person whose license or certificate has been suspended; | ||
(4) reprimand a license or certificate holder; or | ||
(5) impose an administrative penalty. | ||
(c) The board may require a license or certificate holder | ||
whose license or certificate suspension is probated to: | ||
(1) report regularly to the board on matters that are | ||
the basis of the probation; | ||
(2) limit practice to the areas prescribed by the | ||
board; or | ||
(3) continue or review continuing professional | ||
education until the license or certificate holder attains a degree | ||
of skill satisfactory to the board in those areas that are the basis | ||
of the probation. | ||
(d) In addition to other disciplinary actions authorized by | ||
this subchapter, the board may require a license or certificate | ||
holder who violates this chapter to participate in a continuing | ||
education program. The board shall specify the continuing | ||
education programs that the license or certificate holder may | ||
attend and the number of hours that the license or certificate | ||
holder must complete. A continuing education program specified by | ||
the board must be relevant to the violation committed by the license | ||
or certificate holder. | ||
SECTION 10. Section 801.402, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 801.402. GENERAL GROUNDS FOR LICENSE OR CERTIFICATE | ||
DENIAL OR DISCIPLINARY ACTION. A person is subject to denial of a | ||
license or certificate 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 or certificate; | ||
(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 dental care; | ||
(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 certificate to practice equine | ||
dental care in this state; | ||
(8) fraudulently issues a health certificate, | ||
vaccination certificate, test chart, or other form used in the | ||
practice of veterinary medicine 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 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 | ||
dental care; or | ||
(17) is subject to disciplinary action in another | ||
jurisdiction, including the suspension, probation, or revocation | ||
of a license to practice veterinary medicine or a certificate to | ||
practice equine dental care issued by another jurisdiction. | ||
SECTION 11. Sections 801.405 and 801.406, Occupations Code, | ||
are amended to read as follows: | ||
Sec. 801.405. MENTAL INCOMPETENCE. (a) The board may | ||
suspend or revoke a license or certificate if a court finds that the | ||
license or certificate holder is mentally incompetent. | ||
(b) If a court determines that a person whose license or | ||
certificate is suspended or revoked under this section is mentally | ||
competent, the board may reinstate the person's license or | ||
certificate. | ||
Sec. 801.406. REQUIRED DISCIPLINARY ACTION FOR CERTAIN | ||
FELONY CONVICTIONS. (a) On conviction of a license or certificate | ||
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) [ |
||
certificate suspended or revoked under this section only on an | ||
express determination based on substantial evidence contained in an | ||
investigative report indicating that reinstatement or reissuance | ||
of the license or certificate is in the best interests of: | ||
(1) the public; and | ||
(2) the person whose license or certificate has been | ||
suspended or revoked. | ||
SECTION 12. Sections 801.407(a) and (d), Occupations Code, | ||
are amended to read as follows: | ||
(a) A person is entitled to a hearing before the State | ||
Office of Administrative Hearings if the board: | ||
(1) refuses to examine the person; | ||
(2) denies the person's application for a license or | ||
certificate; | ||
(3) revokes or suspends the person's license or | ||
certificate; | ||
(4) places the person on probation; | ||
(5) reprimands the person; or | ||
(6) assesses an administrative penalty against the | ||
person. | ||
(d) 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 or certificate holder in open session. | ||
SECTION 13. Sections 801.408(b) and (e), Occupations Code, | ||
are amended to read as follows: | ||
(b) Rules adopted under Subsection (a) must: | ||
(1) provide the complainant and the license or | ||
certificate holder an opportunity to be heard; and | ||
(2) require the presence of the board's general | ||
counsel or a representative of the attorney general during an | ||
informal proceeding to advise the board or the board's employees. | ||
(e) At an informal proceeding under this section, and on | ||
agreement with the license or certificate holder, the board may | ||
order the license or certificate holder to refund an amount not to | ||
exceed the amount a client paid to the license or certificate 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. | ||
SECTION 14. Section 801.409, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 801.409. TEMPORARY LICENSE OR CERTIFICATE SUSPENSION. | ||
(a) An executive committee of the board consisting of the president | ||
and two other board members appointed by the president may | ||
temporarily suspend the license or certificate of a license or | ||
certificate holder if the executive committee determines from the | ||
evidence or information presented to the committee that continued | ||
practice by the license or certificate holder constitutes a | ||
continuing or imminent threat to the public welfare. A temporary | ||
suspension may also be ordered on a majority vote of the board. | ||
(b) The board by rule shall adopt procedures for the | ||
temporary suspension of a license or certificate under this | ||
section. | ||
(c) A license or certificate temporarily suspended under | ||
this section may be suspended without notice or hearing if, at the | ||
time the suspension is ordered, a hearing on whether disciplinary | ||
proceedings under this chapter should be initiated against the | ||
license or certificate holder is scheduled to be held not later than | ||
the 14th day after the date of the suspension. | ||
(d) A second hearing on the suspended license or certificate | ||
shall be held not later than the 60th day after the date the | ||
suspension is ordered. If the second hearing is not held in the | ||
time required by this subsection, the suspended license or | ||
certificate is automatically reinstated. | ||
SECTION 15. Section 801.501, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 801.501. MONITORING LICENSE OR CERTIFICATE HOLDER. | ||
The board by rule shall develop a system for monitoring a license or | ||
certificate holder's compliance with the requirements of this | ||
chapter. The rules must include procedures to: | ||
(1) monitor for compliance a license or certificate | ||
holder who is ordered by the board to perform certain acts; and | ||
(2) identify and monitor a license or certificate | ||
holder who represents a risk to the public. | ||
SECTION 16. Section 801.502(a), 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 dental care in violation of this chapter. | ||
SECTION 17. The heading to Section 801.503, Occupations | ||
Code, is amended to read as follows: | ||
Sec. 801.503. ASSESSMENT OF CIVIL PENALTY AGAINST PERSON | ||
NOT LICENSED OR CERTIFIED. | ||
SECTION 18. Section 801.503(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A person not licensed or certified under this chapter, | ||
including a corporation, organization, business trust, estate, | ||
trust, partnership, association, or other legal entity, who | ||
violates this chapter or a rule adopted by the board under this | ||
chapter is subject to a civil penalty of $1,000 for each day of | ||
violation. | ||
SECTION 19. Section 801.505, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 801.505. BOARD MEMBER OR EMPLOYEE; FINE. A board | ||
member or employee shall pay a fine of not less than $1,000 or more | ||
than $5,000 if the member or employee: | ||
(1) issues a license or certificate other than as | ||
provided by this chapter; or | ||
(2) provides to an applicant for examination a list of | ||
questions to be propounded at the examination. | ||
SECTION 20. Section 801.508(a), 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 dental care | ||
without a license or certificate 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 21. (a) Not later than June 1, 2012, the State | ||
Board of Veterinary Medical Examiners shall adopt the rules | ||
required to implement the certification of equine dental care | ||
providers under Chapter 801, Occupations Code, as amended by this | ||
Act. | ||
(b) Notwithstanding Section 801.260, Occupations Code, as | ||
added by this Act, a person employed as an equine dental care | ||
provider is not required to hold a certificate under Chapter 801, | ||
Occupations Code, and is not subject to the imposition of a penalty | ||
for not holding a certificate under that chapter before September | ||
1, 2012. | ||
SECTION 22. (a) Before September 1, 2013, the State Board | ||
of Veterinary Medical Examiners shall issue a certificate required | ||
by Section 801.260, Occupations Code, as added by this Act, to a | ||
person who has not completed a board-approved training program for | ||
certified equine dental care providers if the person: | ||
(1) has performed acts that constitute the practice of | ||
equine dental care before September 1, 2012; and | ||
(2) submits, with the application and other | ||
information required under Section 801.261(b), Occupations Code, | ||
as added by this Act, three notarized affidavits described by | ||
Subsection (b) of this section. | ||
(b) Each affidavit must state that the affiant knows the | ||
applicant and that the applicant is known in the community to | ||
provide equine dental care commonly known as "tooth floating." The | ||
affiants must be residents of this state. At least one of the | ||
affiants must be a veterinarian licensed in this state. Two | ||
affiants must be horse owners. | ||
(c) A certificate issued under this section may be renewed | ||
in the same manner as a certificate issued to a person who has | ||
completed a board-approved training program for certified equine | ||
dental care providers. | ||
(d) The State Board of Veterinary Medical Examiners shall | ||
revoke a certificate issued to a person under this section if the | ||
person does not satisfactorily complete four hours of continuing | ||
education for certified equine dental care providers before the | ||
second anniversary of the date the certificate was issued. | ||
(e) This section expires January 1, 2016. | ||
SECTION 23. This Act takes effect September 1, 2011. |