85R4360 BEF-F     By: Cyrier H.B. No. 4057       A BILL TO BE ENTITLED   AN ACT   relating to the practice of veterinary medicine and the medical   treatment and care of animals in animal shelters and releasing   agencies; expanding the applicability of an occupational license.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 801.002, Occupations Code, is amended by   amending Subdivisions (1) and (1-a) and adding Subdivisions (1-b),   (5-a), and (5-b) to read as follows:                (1)  "Animal shelter" has the meaning assigned by   Section 823.001, Health and Safety Code.                (1-a)  "Board" means the State Board of Veterinary   Medical Examiners.                (1-b) [(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.                (5-a)  "Releasing agency" has the meaning assigned by   Section 828.001, Health and Safety Code.                (5-b)  "Shelter veterinarian" means a veterinarian who   works for or in an animal shelter or a releasing agency, regardless   of whether the veterinarian receives compensation.          SECTION 2.  Section 801.004, Occupations Code, is amended to   read as follows:          Sec. 801.004.  APPLICATION OF CHAPTER. (a)  Except as   provided by Subsection (b) and Section 801.005, this [This] chapter   does not apply to:                (1)  the treatment or care of an animal in any manner by   the owner of the animal, an employee of the owner, or a designated   caretaker of the animal, unless the ownership, employment, or   designation is established with the intent to violate this chapter;                (2)  a person who performs an act prescribed by the   board as an accepted livestock management practice, including:                      (A)  castrating a male animal raised for human   consumption;                      (B)  docking or earmarking an animal raised for   human consumption;                      (C)  dehorning cattle;                      (D)  aiding in the nonsurgical birth process of a   large animal, as defined by board rule;                      (E)  treating an animal for disease prevention   with a nonprescription medicine or vaccine;                      (F)  branding or identifying an animal in any   manner;                      (G)  artificially inseminating an animal,   including training, inseminating, and compensating for services   related to artificial insemination; and                      (H)  shoeing a horse;                (3)  the performance of a cosmetic or production   technique to reduce injury in poultry intended for human   consumption;                (4)  the performance of a duty by a veterinarian's   employee if:                      (A)  the duty involves food production animals;                      (B)  the duty does not involve diagnosis,   prescription, or surgery;                      (C)  the employee is under the direction and   general supervision of the veterinarian; and                      (D)  the veterinarian is responsible for the   employee's performance;                (5)  the performance of an act by a person who is a   full-time student of an accredited college of veterinary medicine   if the act is performed under the direct supervision of a   veterinarian;                (6)  [an animal shelter employee who performs   euthanasia in the course and scope of the person's employment if the   person has successfully completed training in accordance with   Chapter 829, Health and Safety Code;                [(7)]  a person who is engaged in a recognized   state-federal cooperative disease eradication or control program   or an external parasite control program while the person is   performing official duties required by the program;                (7) [(8)]  a person who, without expectation of   compensation, provides emergency care in an emergency or disaster;   or                (8) [(9)]  a consultation given to a veterinarian in   this state by a person who:                      (A)  resides in another state; and                      (B)  is lawfully qualified to practice veterinary   medicine under the laws of that state.          (b)  This chapter applies to an activity described by   Subsection (a) when performed by a person who holds a license issued   under this chapter.          SECTION 3.  Subchapter A, Chapter 801, Occupations Code, is   amended by adding Section 801.005 to read as follows:          Sec. 801.005.  APPLICATION OF CHAPTER TO ANIMAL SHELTERS AND   RELEASING AGENCIES. (a)  Except as otherwise provided by this   section, this chapter applies to the practice of veterinary   medicine, including an activity described by Section 801.004, when   performed:                (1)  in an animal shelter or releasing agency; or                (2)  on an animal for which an animal shelter,   releasing agency, or shelter veterinarian:                      (A)  is the owner or designated caretaker; or                      (B)  has possession, custody, or control.          (b)  After an animal shelter or releasing agency takes   possession and has custody or control of an animal, an agent,   employee, or volunteer of the shelter or agency may administer:                (1)  a nonprescription drug to the animal; or                (2)  a prescription vaccine or drug, other than rabies   vaccine or a controlled substance, to the animal if the vaccine or   drug is:                      (A)  necessary to prevent the animal's death or   alleviate the animal's pain or suffering;                      (B)  necessary to prevent or control a   communicable disease or internal or external parasite; or                       (C)  administered at the direction of a   veterinarian or under the guidance of a protocol developed in   accordance with Section 801.365(b).          (c)  A nonsurgical sterilization or any surgery performed in   or on behalf of an animal shelter or releasing agency must be   performed by:                (1)  a veterinarian; or                (2)  a full-time student of an accredited college of   veterinary medicine under the direct supervision of a veterinarian.          (d)  This chapter does not apply to an animal shelter   employee who euthanizes an animal in the course and scope of the   person's employment if the person has successfully completed   training in accordance with Section 821.055, Health and Safety   Code.          (e)  This chapter may not be construed to prevent an agent,   employee, or volunteer of an animal shelter or releasing agency   from providing emergency care to an animal or preventing an   animal's pain or suffering.          SECTION 4.  Subchapter H, Chapter 801, Occupations Code, is   amended by adding Section 801.365 to read as follows:          Sec. 801.365.  PRACTICE BY SHELTER VETERINARIAN. (a)     Notwithstanding any other law, after an animal shelter or releasing   agency takes possession of an animal, a veterinarian may:                (1)  perform a surgical or nonsurgical sterilization of   a dog or cat:                      (A)  that shows no evidence of ownership;                      (B)  whose owner surrendered the animal; or                      (C)  whose owner has not claimed the animal from   the animal shelter or releasing agency if the hold period   prescribed by local law has expired;                (2)  administer or prescribe a vaccine or drug to the   animal; or                (3)  provide any other treatment that the veterinarian   reasonably believes will promote the animal's health and welfare or   alleviate the animal's pain, suffering, or discomfort.          (b)  A shelter veterinarian who complies with Section   801.351 by making medically appropriate and timely visits to the   premises of an animal shelter or releasing agency may, in   consultation with the animal shelter or releasing agency, develop a   written animal care and treatment protocol for use by agents,   employees, and volunteers of the animal shelter or releasing agency   who do not hold a license under this chapter. A protocol under this   section:                (1)  may provide guidance on the administration of   vaccines or drugs, other than rabies vaccine and controlled   substances, necessary to:                      (A)  prevent or control a communicable disease;                      (B)  prevent or control an internal or external   parasite;                      (C)  prevent an animal's death; or                       (D)  alleviate an animal's pain, suffering, or   discomfort; and                (2)  may not provide guidance on the administration of   rabies vaccine or a controlled substance.          (c)  A shelter veterinarian shall develop and maintain a   paper or electronic recordkeeping system to keep complete and   accurate medical records regarding the treatment provided to each   animal under the veterinarian's care in an animal shelter or   releasing agency.  The records may be maintained in a daily log or   in billing records, provided the information entered is adequate to   substantiate the identification of the animal treated and the   medical care provided.  An employee or volunteer at an animal   shelter or a releasing agency who does not hold a license under this   chapter, acting under the supervision or protocol of a   veterinarian, may contribute to the records under this subsection.          (d)  A shelter veterinarian is only responsible for:                (1)  the veterinarian's direct actions; or                (2)  actions taken by a person acting at the   veterinarian's specific direction or under the veterinarian's   direct and immediate supervision.          SECTION 5.  Chapter 801, Occupations Code, is amended by   adding Subchapter M to read as follows:   SUBCHAPTER M. SHELTER VETERINARIAN ADVISORY COMMITTEE          Sec. 801.601.  SHELTER VETERINARIAN ADVISORY COMMITTEE. (a)   The shelter veterinarian advisory committee is an informal advisory   committee to the board and is not subject to Chapter 2110,   Government Code.          (b)  The board shall consult the advisory committee   regarding matters relating to a disciplinary action that involves a   shelter veterinarian.          Sec. 801.602.  APPOINTMENT OF ADVISORY COMMITTEE. The   shelter veterinarian advisory committee is composed of three   members appointed by the presiding officer of the board as follows:                (1)  two members who are shelter veterinarians licensed   by the board, have practiced animal shelter veterinary medicine for   the five years preceding the date of appointment, and are of good   repute; and                (2)  one member, who is not required to be a   veterinarian, who currently serves as a director or is involved in   the management of an animal shelter.          Sec. 801.603.  TERMS; VACANCY. (a) Members of the shelter   veterinarian advisory committee are appointed for staggered   six-year terms. The term of one member expires on February 1 of   each odd-numbered year.          (b)  If a vacancy occurs during a member's term, the   presiding officer of the board shall appoint a new member to fill   the unexpired term.          (c)  An advisory committee member may not serve more than two   consecutive full terms.          Sec. 801.604.  GROUNDS FOR REMOVAL. It is a ground for   removal from the shelter veterinarian advisory committee that a   member:                (1)  does not have at the time of appointment the   qualifications required by Section 801.602;                (2)  does not maintain during service on the advisory   committee the qualifications required by Section 801.602; or                (3)  cannot, because of illness or disability,   discharge the member's duties for a substantial part of the member's   term.          Sec. 801.605.  OFFICERS. The presiding officer of the board   shall designate biennially a shelter veterinarian advisory   committee member as the presiding officer of the advisory committee   to serve in that capacity at the will of the presiding officer of   the board.          Sec. 801.606.  REIMBURSEMENT; COMPENSATION. A shelter   veterinarian advisory committee member is not entitled to   reimbursement for travel expenses or compensation.          Sec. 801.607.  MEETINGS. (a) The shelter veterinarian   advisory committee shall meet at the call of the presiding officer   of the board.          (b)  A meeting may be held by telephone conference call.          SECTION 6.  Section 801.004, Occupations Code, as amended by   this Act, and Sections 801.005 and 801.365, Occupations Code, as   added by this Act, apply only to conduct that occurs on or after the   effective date of this Act. Conduct that occurs before the   effective date of this Act is governed by the law in effect when the   conduct occurs, and the former law is continued in effect for that   purpose.          SECTION 7.  As soon as practicable after the effective date   of this Act, the presiding officer of the State Board of Veterinary   Medical Examiners shall appoint the members of the shelter   veterinarian advisory committee.          SECTION 8.  This Act takes effect September 1, 2017.