S.B. No. 1312
 
 
 
 
AN ACT
  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; [and]
               (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
  who[:
               [(1)]  works under the supervision of a veterinarian[;
  and
               [(2)     fulfills the requirements established by a
  board-approved organization for registered veterinary
  technicians].
         (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 [equine dentistry]
  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; [or]
               (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