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A BILL TO BE ENTITLED
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AN ACT
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relating to the confidentiality of investigation records of the |
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State Board of Veterinary Medical Examiners and clarification of |
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the regulatory authority of the board. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 801.004, Occupations Code, is amended to |
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read as follows: |
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Sec. 801.004. APPLICATION OF CHAPTER. This chapter does |
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not apply to: |
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(1) the treatment or care of an animal in any manner by |
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the owner of the animal, an employee of the owner, or a designated |
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caretaker of the animal, unless the ownership, employment, or |
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designation is established with the intent to violate this chapter; |
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(2) a person who performs an act prescribed by the |
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board as an accepted livestock management practice, including: |
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(A) castrating a male animal raised for human |
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consumption; |
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(B) docking or earmarking an animal raised for |
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human consumption; |
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(C) dehorning cattle; |
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(D) aiding in the nonsurgical birth process of a |
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large animal, as defined by board rule; |
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(E) treating an animal for disease prevention |
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with a nonprescription medicine or vaccine; |
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(F) branding or identifying an animal in any |
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manner; |
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(G) artificially inseminating an animal, |
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including training, inseminating, and compensating for services |
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related to artificial insemination; and |
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(H) shoeing a horse; |
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(3) the performance of a cosmetic or production |
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technique to reduce injury in poultry intended for human |
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consumption; |
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(4) the performance of a duty by a veterinarian's |
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employee if: |
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(A) the duty involves food production animals; |
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(B) the duty does not involve diagnosis, |
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prescription, or surgery; |
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(C) the employee is under the direction and |
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general supervision of the veterinarian; and |
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(D) the veterinarian is responsible for the |
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employee's performance; |
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(5) the performance of an act by a person who is a |
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full-time student of an accredited college of veterinary medicine, |
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[or is a foreign graduate of a board-approved equivalent competency
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program for foreign veterinary graduates and who is participating
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in a board-approved extern or preceptor program] if the act is |
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performed under the direct supervision of a veterinarian employing |
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the person; |
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(6) the performance of an act by a person who is a |
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full-time student in a veterinary program of an accredited college |
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of veterinary medicine, if the act is performed under the direct |
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supervision of a veterinarian licensed in this state; |
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(7) an animal shelter employee who performs euthanasia |
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in the course and scope of the person's employment if the person has |
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successfully completed training in accordance with Chapter 829, |
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Health and Safety Code; |
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(8) [(7)] a person who is engaged in a recognized |
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state-federal cooperative disease eradication or control program |
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or an external parasite control program while the person is |
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performing official duties required by the program; |
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(9) [(8)] a person who, without expectation of |
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compensation, provides emergency care in an emergency or disaster; |
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or |
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(10) [(9)] a consultation given to a veterinarian in |
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this state by a person who: |
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(A) resides in another state; and |
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(B) is lawfully qualified to practice veterinary |
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medicine under the laws of that state. |
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SECTION 2. Section 801.207, Occupations Code, is amended to |
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read as follows: |
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Sec. 801.207. CONFIDENTIALITY OF INVESTIGATION FILES |
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[PUBLIC RECORD; EXCEPTION]. (a) The board's investigation files |
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are confidential, privileged, and not subject to discovery, |
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subpoena, or any other means of legal compulsion for release other |
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than to the board or an employee or agent of the board. [Except as
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provided by Subsection (b), a board record is a public record and is
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available for public inspection during normal business hours.] |
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(b) The board shall share information in investigation |
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files with another state or federal regulatory agency or with a |
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local, state, or federal law enforcement agency regardless of |
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whether the investigation has been completed. The board is not |
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required to disclose under this subsection information that is an |
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attorney-client communication, an attorney work product, or other |
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information protected by a privilege recognized by the Texas Rules |
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of Civil Procedure or the Texas Rules of Evidence. |
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(c) On completion of the investigation and before a |
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contested case hearing, the board shall provide to the license |
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holder, subject to any other privilege or restriction established |
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by rule, statute, or legal precedent, access to all information in |
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the board's possession that the board intends to offer into |
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evidence in presenting its case in chief at the contested case |
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hearing under Chapter 2001, Government Code, on the complaint. The |
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board is not required to provide: |
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(1) a board investigative report or memorandum; |
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(2) the identity of a non-testifying complainant; or |
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(3) attorney-client communications, attorney work |
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product, or other materials covered by a privilege recognized by |
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the Texas Rules of Civil Procedure or the Texas Rules of Evidence. |
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(d) Notwithstanding Subsection (a), the board may: |
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(1) disclose a complaint to the affected license |
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holder; |
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(2) provide to a complainant the license holder's |
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response to the complaint, if providing the response is considered |
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by the board to be necessary to investigate the complaint; and |
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(3) disclose information regarding a complaint and an |
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investigation to: |
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(A) a person involved with the board in a |
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disciplinary action against a license holder; |
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(B) a veterinary licensing or disciplinary board |
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in another jurisdiction; or |
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(C) a peer assistance program approved by the |
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board. |
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(e) This section does not prohibit the board or another |
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party in a disciplinary action from offering into evidence in a |
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contested case under Chapter 2001, Government Code, a record, |
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document, or other information obtained or created during an |
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investigation. |
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(f) The board's filing of formal charges against a license |
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holder, the nature of the charges, and the board's final |
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disciplinary actions, including warnings and reprimands, are not |
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confidential and are subject to disclosure in accordance with |
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Chapter 552, Government Code. The furnishing of information under |
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this section does not constitute a waiver of any other privilege or |
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confidentiality provision established under this section or any |
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other law. [An investigation record of the board, including a
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record relating to a complaint that is found to be groundless, is
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confidential.] |
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SECTION 3. Sections 801.401(a) and (c), Occupations Code, |
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are amended to read as follows: |
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(a) If an applicant or license holder is subject to denial |
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of a license or to disciplinary action under Section 801.402, the |
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board may: |
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(1) refuse to examine an applicant or to issue or renew |
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a license; |
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(2) revoke or suspend a license; |
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(3) place on probation a license holder or person |
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whose license has been suspended; |
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(4) reprimand a license holder; and [or] |
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(5) impose an administrative penalty. |
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(c) The board may require a license holder whose license |
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suspension is probated to: |
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(1) report regularly to the board on matters that are |
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the basis of the probation; |
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(2) limit practice to the areas prescribed by the |
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board; and [or] |
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(3) continue or review continuing professional |
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education until the license holder attains a degree of skill |
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satisfactory to the board in those areas that are the basis of the |
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probation. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |