S.B. No. 811

	AN ACT
	relating to the regulation of the practice of veterinary medicine.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	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
	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
	[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
	subsection.
	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
	Approved:
	______________________________
	Date
	______________________________
	Governor