HB1550 - Relating to the regulation of veterinary professionals and facilities by the State Board of Veterinary Medical Examiners and the temporary administration of the board by the Department of Licensing and Regulation.

  89R17944 TYPED     By: Kitzman H.B. No. 1550       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of veterinary professionals and   facilities by the State Board of Veterinary Medical Examiners and   the temporary administration of the board by the Department of   Licensing and Regulation          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 801.002, Occupations Code, is amended to   add Subsection (6-b) to read as follows:           (6-b)     "Veterinary medical facility" means a location,   including a building, portion of a building, or vehicle, in which   the practice of veterinary medicine normally takes place or is   provided.          SECTION 2.  Sections 801.023(a) and (b), Occupations Code,   are amended to read as follows:          (a)  The executive director of the department shall direct   and may dismiss the board's executive director [ of the board ] , and   has authority relating to personnel actions as if the board's   executive director were an employee of the department . The   presiding officer of the commission shall appoint a replacement   executive director of the board if necessary.          (b)  Subject to Subsection (a), the executive director of the   board is responsible for the administration of licensing,   enforcement,  financial services, human resources, and workforce   development duties of the board, including:                (1)  accounts payable and accounts receivable;                (2)  budgeting, inventory, and asset management;                (3)  payroll;                (4)  personnel and labor issues;                (5)  purchasing;                (6)  recruitment, evaluation, selection, training, and   promotion of personnel;                (7)  submitting required reports regarding finances,   performance measures, strategic planning, legislative   appropriations requests, operating budgets, and similar   information as required by law;                (8)  legal support services, including responding to   requests for public information; and                (9)  information technology and support.          SECTION 3.  Section 801.101, Occupations Code, is amended to   read as follows:          Sec. 801.101.  EXECUTIVE DIRECTOR. The board shall appoint   [ may employ ] an executive director. The executive director serves   at the will of the board.          SECTION 4.  Section 801.102, Occupations Code, is amended to   read as follows:          Sec. 801.102.  [ CERTAIN DUTIES OF ] EXECUTIVE DIRECTOR POWERS   AND DUTIES . (a) The executive director shall [ is responsible for ]:                 (1)     perform any duties assigned by the board and other   duties specified by law;                 (2)  administer and enforce the board's programs; and                 (3)  issue licenses regulated by the board.                [ (1)     safekeeping the money collected under this   chapter; and                 (2)     properly disbursing the veterinary fund account   established by this chapter. ]           (b)  The executive director may:                 (1)     delegate any power or duty assigned to the   executive director unless prohibited by law; and                 (2)     issue emergency orders and cease and desist orders   as provided by this chapter.          [ (b)     Repealed by Acts 2003, 78th Leg., ch. 285, Sec.   31(39). ]          SECTION 5.  Section 801.103, Occupations Code, is amended to   read as follows:          Sec. 801.103.  PERSONNEL. The board may employ personnel to   administer this chapter and may prescribe their duties and   compensation, subject to the personnel policies and budget approved   by the board .          SECTION 6.  Subchapter D, Chapter 801, Occupations Code, is   amended by adding Section 801.150 to read as follows:           Sec.   801.150.     GENERAL POWERS AND DUTIES OF BOARD. The board   shall:                 (1)     supervise the executive director's administration   of this chapter;                 (2)  formulate policy objectives for the board; and                 (3)     approve the board's operating budget and requests   for legislative appropriations.          SECTION 7.  Sections 801.151(a) and (b), Occupations Code,   are amended to read as follows:          (a)  The board shall [ may ] adopt rules as necessary to   administer this chapter.          (b)  The board shall [ may ] adopt rules of professional   conduct appropriate to establish and maintain a high standard of   integrity, skills, and practice in the veterinary medicine   profession.          SECTION 8.  Section 801.156, Occupations Code, is amended to   read as follows:          Sec. 801.156.   DATA; PUBLIC ACCESS [ REGISTRY ]. (a) The   board shall maintain an electronic system allowing it to provide   accurate reporting of information relating to license holders and   applicants, complaints, enforcement actions, investigations, and   inspections  [ a record of each license holder's:                 (1)  name;                 (2)  residence address; and                 (3)  business address ].           (b)  The board shall provide on its public-facing website:                 (1)     a feature allowing users to verify a license   holder's license status, determine whether the license holder is   currently subject to disciplinary action, and review relevant   disciplinary orders; and                 (2)     data, updated at least quarterly, summarizing the   number, type, and disposition of complaints received during the   fiscal year.          [ (b)     A license holder shall notify the board of a change of   business address or employer not later than the 60th day after the   date the change takes effect. ]          SECTION 9.  Section 801.157, Occupations Code, is amended to   add Subsection (c) to read as follows:           (c)     The board shall provide information on its website   directing licensed veterinarians to approved peer assistance   programs.          SECTION 10.  Sections 801.158(a) and (c), Occupations Code,   are amended to read as follows:          (a)  The board or executive director may request and, if   necessary, compel by subpoena:                (1)  the attendance of witnesses for examination under   oath; and                (2)  the production for inspection or copying of books,   accounts, records, papers, correspondence, documents, and other   evidence relevant to an investigation of an alleged violation of   this chapter.          (c)   An action filed under this section must be filed in a   district court in Travis County or any other county in which the   department may hold a hearing. [ Venue for an action brought under   Subsection (b) is in a district court in:                 (1)  Travis County; or                 (2)  any county in which the board may hold a hearing. ]          SECTION 11.  Section 801.161, Occupations Code, is amended   to read as follows:          Sec. 801.161.  USE OF TECHNOLOGY. (a)  The board shall   implement a policy requiring the board to use appropriate   technological solutions to improve the board's ability to perform   its functions. The policy must ensure that the public is able to   interact with the board on the Internet.           (b)     The board may by rule require an applicant or license   holder to provide an e-mail address for purposes of receiving   correspondence.   An e-mail address provided under this section is   confidential and is not subject to disclosure under Chapter 552,   Government Code .          (c)   Notwithstanding any other law, the board may by rule   provide that service of any notice, order, or pleading required   under this chapter or under Chapter 2001, Government Code, may be   made electronically to the e-mail address provided pursuant to   subsection (b).          SECTION 12.  Section 801.163(d), Occupations Code, is   amended to read as follows:          (d)   Notwithstanding any other law, [ To the extent of any   conflict with ] Chapter 2110, Government Code, does not apply to an   advisory committee appointed under  this section [ and board rules   adopted under this section control ].          SECTION 13.  Subchapter D, Chapter 801, Occupations Code, is   amended by adding Section 801.1631 to read as follows:           Sec.   801.1631.     INSPECTIONS AND INVESTIGATIONS. (a) The   board may conduct inspections or investigations as necessary to   enforce the laws administered by the board.           (b)     To perform its functions under subsection (a), the board   may, during reasonable business hours:                 (1)     enter a veterinary medical facility or other   business premises of a person regulated by the board, or of a person   suspected of being in violation of, or threatening to violate, a law   administered by the board, or a rule or order of the board or   executive director; and                 (2)     examine and copy records pertinent to the   inspection or investigation.           (c)     The board may take a disciplinary action authorized by   this chapter for a violation identified during an inspection.          SECTION 14.  Section 801.164, Occupations Code, is amended   to read as follows:          Sec. 801.164.  RISK-BASED INSPECTIONS [ RELATED TO   CONTROLLED SUBSTANCES PRACTICES ]. ( a ) The board shall [ may ]   [ conduct a inspection ] prioritize inspections relating to key risk   factors identified by the board, including previous violations by   the license holder or [ of a veterinarian's practice based on ]   information [ obtained from the veterinarian or another source ]   concerning a [ the ] veterinarian's use, handling, prescribing,   dispensing, or delivery of controlled substances.           (b)     The board may use alternative inspection methods,   including videoconference or similar technology, inst [Text truncated for display. Full text available on Congress.gov.]