|
TVMA Legislative Update: New Laws Will Impact Veterinarians
The 87th session of the Texas Legislature just adjourned sine die—at least until the first special session. The Texas Veterinary Medical Association (TVMA) has been hard at work looking out for the interests of the veterinary profession during the session. During the course of defending the profession, TVMA was able to pass three bills that are currently on their way to the Governor.
Bill Changes Veterinary Liability and Client-Patient Confidentiality Laws
HB 2850 by Rep. Kyle Kacal, Relating to the liability of certain volunteers who provide veterinary care or treatment and certain confidential or privileged information related to veterinary care or treatment, was passed. This bill makes several changes to the law that governs veterinarian-client-patient confidentiality and also consolidates Good Samaritan liability protection provisions for veterinarians, Licensed Veterinary Technicians (LVTs) and Certified Veterinary Assistants (CVAs).
The bill makes three changes to the laws that govern client-patient confidentiality:
- Provides that a client waives client-patient confidentiality when they share false information in a public forum. A veterinarian’s response is limited to sharing factual information that directly refutes the false information. A veterinarian may not share any personally identifying information other that the name of the client or owner.
- Clarifies that it is not a violation of client-patient confidentiality for a veterinarian to disclose to another veterinarian or governmental entity information concerning the prescribing, dispensing or requesting of a controlled substance in order to prevent potential or suspected drug diversion or abuse.
- Clarifies that it is not a violation of existing law for a veterinarian making a lawful report of animal cruelty or attack to the proper authorities to immediately turn over medical records to show the extent of the injuries or abuse.
HB 2850 also ensures that veterinarians, LVTs and CVAs are protected from civil liability when they in good faith volunteer to provide emergency medical assistance to an ill or injured animal during a manmade or natural disaster at the request of emergency personnel or an owner. This applies if the person is working without expectation of compensation under the appropriate level of supervision and scope of practice. It does not apply to acts or omissions that are grossly negligent or intentional misconduct.
Bill Ensures Veterinarians Receive Due Process During the TBVME Complaint Process
HB 3442 by Rep. Charles Anderson, DVM, Relating to complaints filed with the Texas Board of Veterinary Medical Examiners, passed. A major complaint that TVMA hears over and over relates to how licensees are treated when they have had a complaint filed against them and must respond to that complaint in front of the Texas Board of Veterinary Medical Examiners (TBVME). Upon filing of the complaint, the only information provided to the licensee by board includes an animal name, date range and a statement that a certain rule has been broken.
Our members have complained that this newer process does not provide adequate notice to the veterinarian about what they are being accused of to enable a proper defense. This is especially apparent when the veterinarian attends an informal settlement conference in which they are confronted by board attorneys presenting allegations of which they have no knowledge. Basic fairness dictates that a veterinarian should be able to know what is actually being alleged by the board.
HB 3442 remedies this problem by requiring the TBVME to provide to the license holder a copy of any medical review conducted by the board at least 14 days before any informal settlement proceeding. This ensures that the licensee has full knowledge of any actionable allegations against them that might be presented by the board.
Creating a Rural Veterinary Incentive Program
HB 1259 by Rep. Drew Darby, Relating to the rural veterinarian incentive program, passed. This bill creates a student loan and tuition payment program for veterinarians who agree to practice in areas of veterinary shortage in rural Texas. Both Texas A&M College of Veterinary Medicine and Texas Tech University School of Veterinary Medicine students may participate within four years of their graduation date to qualify. Additionally, a person who attends an out-of-state veterinary college may apply for funds if they previously graduated from high school or college in the state of Texas.
Creating a program of this nature is a two-step process in Texas. Enabling legislation must be passed, and then funds must be appropriated separately within the state’s larger budget by legislators. TVMA had hoped to receive legislative funds for this program, but, unfortunately, that did not happen with the passage of the budget. Due to the anticipated difficulty of obtaining state funds, HB 1259 also created a process by which a local community or political subdivision may provide funds to the program to sponsor participants in exchange for their commitment to serve the community. The fund also can accept gifts and grants from any source, including individuals, nonprofits and foundations. This alternative funding stream will allow TVMA to seek funding for the program from other agriculture-related groups. In later legislative sessions, it may become much easier to seek additional legislative appropriations to help a larger number of students get through the first couple of difficult years to lay down roots and serve rural communities.
After the post-legislative session veto period, TVMA will provide additional practical analysis about how these new laws will work in the future for the veterinary profession.
|