S.B. No. 811
  relating to the regulation of the practice of veterinary medicine.
         SECTION 1.  Section 801.004, Occupations Code, is amended to
  read as follows:
         Sec. 801.004.  APPLICATION OF CHAPTER. 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
                     (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
                     (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
               (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
  [or is a foreign graduate of a board-approved equivalent competency
  program for foreign veterinary graduates and who is participating
  in a board-approved extern or preceptor program] if the act is
  performed under the direct supervision of a veterinarian [employing
  the person];
               (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 2.  Section 801.157, Occupations Code, is amended to
  read as follows:
         Sec. 801.157.  PEER ASSISTANCE PROGRAM. (a)  The board
  shall establish or approve a peer assistance program for
  veterinarians. The peer assistance program must comply with
  Chapter 467, Health and Safety Code.
         (b)  The board may order a veterinarian who is subject to
  disciplinary action under this chapter based on a finding that the
  veterinarian is impaired by chemical dependency or mental illness
  to submit to care, counseling, or treatment through the peer
  assistance program.
         SECTION 3.  Subsection (a), Section 801.253, Occupations
  Code, is amended to read as follows:
         (a)  The board shall [hold a regular meeting at least twice
  each year to] conduct licensing examinations at least twice each
  year as provided by board rule. The [board shall conduct the]
  examination shall be conducted at a time and place the board
  determines is convenient for applicants.
         SECTION 4.  Subsection (a), Section 801.254, Occupations
  Code, is amended to read as follows:
         (a)  The board shall conduct, or may contract with a
  board-approved entity to conduct, the licensing examination on
  subjects relating to veterinary medicine, including anatomy,
  pathology, chemistry, obstetrics, public health, veterinary
  practice, veterinary jurisprudence, physiology and bacteriology,
  and other subjects regularly taught in reputable schools of
  veterinary medicine.  In this chapter, a reference to an
  examination conducted by the board includes an examination
  conducted by a board-approved entity as permitted by this
         SECTION 5.  Section 801.258, Occupations Code, is amended to
  read as follows:
         Sec. 801.258.  TEMPORARY LICENSE. The board by rule may
  provide for the issuance of a temporary license to an applicant who:
               (1)  is licensed in good standing as a veterinarian in
  another state or foreign country;
               (2)  meets the eligibility requirements under Sections
  801.252(1) and (2); and
               (3)  is not subject to denial of a license or to
  disciplinary action for a ground listed in Section 801.402.
         SECTION 6.  Section 801.353, Occupations Code, is amended by
  adding Subsection (d-1) to read as follows:
         (d-1)  The privilege provided by this section is waived by
  the client or the owner of the animal treated by the veterinarian in
  a proceeding to substantiate and collect on a claim for the
  provision of veterinary services.
         SECTION 7.  This Act takes effect September 1, 2011.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I hereby certify that S.B. No. 811 passed the Senate on
  April 26, 2011, by the following vote:  Yeas 31, Nays 0.
  Secretary of the Senate    
         I hereby certify that S.B. No. 811 passed the House on
  May 23, 2011, by the following vote:  Yeas 142, Nays 0, one
  present not voting.
  Chief Clerk of the House