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  85R10325 TYPED
 
  By: Rodriguez of Travis H.B. No. 2390
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the medical treatment and care of animals by certain
  persons in animal shelters and releasing agencies.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sec. 823.001, Health and Safety Code, is amended
  by adding a new subsection as follows:
         (5-a)  "Releasing agency" has the meaning assigned by
  Section 828.001, Health and Safety Code.
         SECTION 2.  Sec. 823.003, Health and Safety Code, is amended
  by adding a new subsection as follows:
         (e-1)  Before an animal adoption becomes final, an animal
  shelter or releasing agency must provide the proposed new owner
  with a written history that shows if the animal has been screened or
  tested for diseases and conditions that are common to that species.
  If the animal has been tested, the written history should include
  the dates and results of each test.
         (e-2)  The State Board of Veterinary Medical Examiners shall
  promulgate forms that an animal shelter or releasing agency may use
  to comply with subsection (e-1). An animal shelter or releasing
  agency may use an alternative form, so long as it complies with
  subsection (e-1).
         (e-3)  Nothing in this section requires an animal shelter or
  releasing agency to provide certain screens or tests.
         SECTION 3.  Chapter 823, Health and Safety Code, is amended
  by adding Section 823.004 to read as follows:
         Sec. 823.004.  TREATMENT OF ANIMALS ON BEHALF OF ANIMAL
  SHELTERS AND RELEASING AGENCIES. (a) Notwithstanding any other
  law, once an animal shelter or releasing agency takes possession of
  an animal:
               (1)  A veterinarian acting on behalf of the animal
  shelter or releasing agency may:
                     a.  Perform a surgical or nonsurgical
  sterilization of:
                                 i.  A dog or cat that shows no evidence
  of ownership; or
                                 ii.  A dog or cat that is surrendered
  by its owner or whose owner has not claimed the animal within the
  hold period as designed by local law;
                     b.  Prescribe or administer a vaccine or
  medication for or to the animal; and
                     c.  Provide any other treatment that the
  veterinarian reasonably believes will promote the health and
  wellbeing of the animal or to alleviate the pain, suffering, or
  discomfort of the animal;
               (2)  An unlicensed employee, volunteer, or agent acting
  on behalf of the animal shelter or releasing agency may provide
  nonsurgical veterinary care or treatment to the animal:
                     a.  Under the authorization and general
  supervision of a veterinarian; or
                     b.  Pursuant to a protocol approved by a
  veterinarian; and
               (3)  Any employee, volunteer, or agent acting on behalf
  of the animal shelter or releasing agency may provide emergency
  veterinary care or treatment to the animal.
         (b)  Notwithstanding any other law, a veterinarian who
  provides treatment on behalf of an animal shelter or releasing
  agency may deliver or cause to be delivered a medication to an
  unlicensed employee, volunteer, or agent of an animal shelter or
  releasing agency. The unlicensed employee, volunteer, or agent may
  then administer the medication in keeping with the veterinarian's
  instructions. A veterinarian who delivers or causes to be
  delivered a controlled substance under this section must comply
  with Section 801.359, Occupations Code.
         SECTION 4.  Subchapter A, Chapter 801, Occupations Code, is
  amended by adding Section 801.0011 to read as follows:
         Sec. 801.0011.  POLICY; CONSTRUCTION. (a) The Legislature
  hereby finds that the public's attitude towards animal shelters and
  releasing agencies has shifted since this chapter was first
  enacted. As a result of this shift, many animal shelters and
  releasing agencies now seek to save the life of as many stray,
  homeless, abandoned, or unwanted animals as possible. The
  Legislature intends to promote this practice.
         (b)  This chapter should be construed in favor of licensed
  veterinarians and unlicensed persons who care for stray, homeless,
  abandoned, or unwanted animals that would be killed but for their
  care so long as they are acting with a good faith intent to save
  animals' lives and with reasonable consideration of animals' pain. 
         SECTION 5.  Sec. 801.002, Occupations Code, is amended by
  adding subsections (0), (5-a), and (5-b) to read as follows:
               (0)  "Animal shelter" has the meaning assigned by
  Section 823.001, Health and Safety Code;
               (5-a)  "Releasing agency" has the meaning assigned by
  Section 828.001, Health and Safety Code;
               (5-b)  "Safety net shelter" means an animal shelter
  that:
                     (A)  Accepts animals without regard to their breed
  or size; 
                     (B)  Attempts to rehome or provide hospice care to
  all of the animals it receives; and
                     (C)  During its latest full calendar year,
  satisfied the no-kill benchmarks in Section 801.0021.
         SECTION 6.  Subchapter A, Chapter 801, Occupations Code, is
  amended by adding Section 801.0021 to read as follows:
         Sec. 801.0021.  NO-KILL BENCHMARKS. (a) To satisfy the
  no-kill benchmarks, an animal shelter must first declare its intent
  to satisfy the no-kill benchmarks in writing to the department.
         (b)  During the first two years after an animal shelter
  declares its intent under subsection (a), an animal shelter
  satisfies the no-kill benchmarks if it euthanizes 30% or less of the
  animals it takes ownership of in a year.
         (b)  During the third and fourth years after an animal
  shelter declares its intent under subsection (a), an animal shelter
  satisfies the no-kill benchmarks if it euthanizes 20% or less of the
  animals it takes ownership of in a year.
         (c)  Beginning on the four-year anniversary of the date the
  animal shelter declared its intent under subsection(a), an animal
  shelter satisfies the no-kill benchmarks if it euthanizes 15% or
  less of the animals it takes ownership of in a year.
         SECTION 7.  Sec. 801.004, Occupations Code, is amended to
  read as follows:
         Sec. 801.004.  APPLICATION OF CHAPTER. (a)Except as
  provided by Section 801.4021, 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;
               (8)  a person who, without expectation of compensation,
  provides emergency care in an emergency or disaster; or
               (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.
         SECTION 8.  Section 801.351, Occupations Code, is amended by
  adding a new subsection as follows:
         (d)  This section does not apply to a person who provides
  treatment on behalf of an animal shelter or releasing agency. 
         SECTION 9.  Section 801.359, Occupations Code, is amended as
  follows:
         Sec. 801.359.  [CONTROLLED SUBSTANCES RECORDS]
  RECORDKEEPING REQUIREMENTS. (a) The board shall require each
  veterinarian to maintain a recordkeeping system for controlled
  substances as required by Chapter 481, Health and Safety Code.
         (b)  The records required to be maintained under subsection
  (a) are subject to review by a law enforcement agency or board
  representative.
         (c)  The records required to be maintained under subsection
  (a) may be maintained in a daily log, or in billing records,
  provided that the treatment information that is entered is adequate
  to substantiate the identification of the animals treated and the
  medical care provided. Animal shelter or releasing agency
  employees, volunteers, or agents who are not veterinarians but who
  act under the general supervision or protocol of a veterinarian may
  contribute to the records.
         SECTION 10.  Sec. 801.402, Occupations Code, is amended to
  read as follows: 
         Sec. 801.402.  GENERAL GROUNDS FOR LICENSE DENIAL OR
  DISCIPLINARY ACTION. Except as provided by Section 801.4021, 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;
               (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 11.  Subchapter I, Chapter 801, Occupations Code, is
  amended by adding Section 801.4021 to read as follows:
         Sec. 801.4021.  DISCIPLINE FOR TREATMENT OR CARE PERFORMED
  ON BEHALF OF AN ANIMAL SHELTER OR RELEASING AGENCY. (a)
  Notwithstanding any other law, the board may not deny a license or
  take disciplinary action against an unlicensed person for providing
  treatment or care in accordance with Section 823.004, Health and
  Safety Code.
         (b)  The board may not deny a license or take disciplinary
  action against a veterinarian for providing treatment or care to an
  animal on behalf of an animal shelter or releasing agency unless the
  veterinarian acted without regard for the animal's health or safety
  or intended to cause the animal pain.
         (c)  It is an affirmative defense to an action under
  subsection (b) that the veterinarian:
                           (i)  provided the treatment or care in
  question on behalf of a safety net shelter; 
                           (ii)  had a reasonable belief that the
  treatment or care provided would enable the animal to survive an
  illness or injury; and
                           (iii)  gave reasonable consideration to the
  animal's pain.
         (d)  In making a determination under subsection (b) or (c),
  the board
                           (i)  may not rely solely on:
                                 (A)  allegations made by a person who
  lacks personal knowledge of the underlying events; or
                                 (B)  the fact that the treatment or
  care provided is new, innovative, low-cost, or results in the
  animal's death; and
                           (ii)  shall consider:
                                 (A)  the policy statement in Section
  801.0011; 
                                 (B)  the veterinarian's intent; and
                                 (C)  the size, sophistication, and
  fiscal constraints of the animal shelter or releasing agency.
         (e)  Notwithstanding any other law, a veterinarian or
  unlicensed person working on behalf of an animal shelter or
  releasing agency is not liable for a violation of this chapter or
  any applicable rules unless the violation is committed by:
                           (i)  the veterinarian or unlicensed person;
  or 
                           (ii)  a person under the direct or immediate
  supervision of the veterinarian or unlicensed person.
         SECTION 12.  Section 801.410, Occupations Code, is amended
  to read as follows:
         Sec. 801.410.  VENUE AND STANDARD OF REVIEW FOR APPEALS. An
  appeal of an action of the board must be filed in a district court in
  Travis County and is reviewed by trial de novo.
         SECTION 13.  This Act takes effect September 1, 2017.