Today's Law As Amended


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SB-546 Veterinary medicine.(2017-2018)



As Amends the Law Today


SECTION 1.

 Section 4809.7 of the Business and Professions Code is amended to read:

4809.7.
 The board shall establish a regular inspection program that will provide for random, unannounced inspections and the  inspections. The  board shall inspect at least 20 percent of veterinary premises on an annual basis. basis and shall also inspect all new veterinary premises within one year of being issued a premises permit pursuant to Sections 4853 and 4853.1. 

SEC. 2.

 Section 4830 of the Business and Professions Code is amended to read:

4830.
 (a) This chapter does not apply to:
(1) Veterinarians while serving in any armed branch of the military service of the United States or the United States Department of Agriculture while actually engaged and employed in their official capacity.
(2) Veterinarians holding a current, valid license in good standing in another state or country who provide assistance to a California-licensed  California licensed  veterinarian and attend on a specific case. The California-licensed  California licensed  veterinarian shall maintain a valid veterinarian-client-patient relationship. The veterinarian providing the assistance shall not establish a veterinarian-client-patient relationship with the client by attending the case or at a future time and shall not practice veterinary medicine, open an office, appoint a place to meet patients, communicate with clients who reside within the limits of this state, give orders, or have ultimate authority over the care or primary diagnosis of a patient that is located within this state.
(3) Veterinarians called into the state by a law enforcement agency or animal control agency pursuant to subdivision (b).
(4) (A) Students in the School of Veterinary Medicine of the University of California or the College of Veterinary Medicine of the Western University of Health Sciences who participate in diagnosis and treatment as part of their educational experience, including those in off-campus educational programs under the direct supervision of a licensed veterinarian in good standing, as defined in paragraph (1) of subdivision (b) of Section 4848, appointed by the University of California, Davis, or the Western University of Health Sciences.
(4) (B)  A student of a veterinary medical program accredited by the  Students of an  American Veterinary Medical Association Council on Education who participates accredited veterinary medical program who participate,  as part of his or her formal curriculum in the  their formal curriculum, in  diagnosis and treatment with direct supervision, supervision  or in surgery with immediate supervision, provided all of the following requirements are met: supervision. The student must have prior training in these activities as part of the formal curriculum and supervision must be by a California licensed veterinarian in good standing, as defined in paragraph (1) of subdivision (b) of Section 4848. 
(A) (C)  The clinical training site has been approved by the university where the student is enrolled. For the purposes of subparagraphs (A) and (B), where an off-campus or distributive site provides the formal curriculum, a memorandum of understanding between the accredited veterinary medical program and the off-campus or distributive site must be in place that provides for all of the following: 
(B) (i)  The student has prior training in diagnosis, treatment, and surgery as part of the formal curriculum. A written description of the educational objectives expected to be achieved at the site. 
(C) (ii)  The student is being supervised by a California-licensed veterinarian in good standing, as that term is defined in paragraph (1) of subdivision (b) of Section 4848. An annual review conducted by the accredited veterinary medical program of the off-campus site to ensure that the educational program is being delivered in accordance with the memorandum of understanding to ensure that the formal curriculum, clinical training, or both, is appropriate. 
(iii) A mechanism for assessing training outcomes of the educational process.
(5) A veterinarian who is employed by the Meat and Poultry Inspection Branch of the California Department of Food and Agriculture while actually engaged and employed in his or her official capacity. A person exempt under this paragraph shall not otherwise engage in the practice of veterinary medicine unless he or she is issued a license by the board.
(6) Unlicensed personnel employed by the Department of Food and Agriculture or the United States Department of Agriculture when in the course of their duties they are directed by a veterinarian supervisor to conduct an examination, obtain biological specimens, apply biological tests, or administer medications or biological products as part of government disease or condition monitoring, investigation, control, or eradication activities.
(b) (1) For purposes of paragraph (3) of subdivision (a), a regularly licensed veterinarian in good standing who is called from another state by a law enforcement agency or animal control agency, as defined in Section 31606 of the Food and Agricultural Code, to attend to cases that are a part of an investigation of an alleged violation of federal or state animal fighting or animal cruelty laws within a single geographic location shall be exempt from the licensing requirements of this chapter if the law enforcement agency or animal control agency determines that it is necessary to call the veterinarian in order for the agency or officer to conduct the investigation in a timely, efficient, and effective manner. In determining whether it is necessary to call a veterinarian from another state, consideration shall be given to the availability of veterinarians in this state to attend to these cases. An agency, department, or officer that calls a veterinarian pursuant to this subdivision shall notify the board of the investigation.
(2) Notwithstanding any other provision of this chapter, a regularly licensed veterinarian in good standing who is called from another state to attend to cases that are a part of an investigation described in paragraph (1) may provide veterinary medical care for animals that are affected by the investigation with a temporary shelter facility, and the temporary shelter facility shall be exempt from the registration requirement of Section 4853 if all of the following conditions are met:
(A) The temporary shelter facility is established only for the purpose of the investigation.
(B) The temporary shelter facility provides veterinary medical care, shelter, food, and water only to animals that are affected by the investigation.
(C) The temporary shelter facility complies with Section 4854.
(D) The temporary shelter facility exists for not more than 60 days, unless the law enforcement agency or animal control agency determines that a longer period of time is necessary to complete the investigation.
(E) Within 30 calendar days upon completion of the provision of veterinary health care services at a temporary shelter facility established pursuant to this section, the veterinarian called from another state by a law enforcement agency or animal control agency to attend to a case shall file a report with the board. The report shall contain the date, place, type, and general description of the care provided, along with a listing of the veterinary health care practitioners who participated in providing that care.
(c) For purposes of paragraph (3) of subdivision (a), the board may inspect temporary facilities established pursuant to this section.

SEC. 3.

 Section 4887 of the Business and Professions Code is amended to read:

4887.
 (a) (1) A person whose license or registration has been revoked or who has been placed on probation may petition the board for reinstatement or modification of penalty including modification or termination of probation after the a  period as described below in subparagraphs (A) to (C), inclusive,  prescribed below  has elapsed from the effective date of the decision ordering the disciplinary action. The petition shall state facts as required by the board. The period shall be as follows:
(A) At least three years for reinstatement of a surrendered or revoked license.
(B) At least two years for early termination or modification of probation of three years or more.
(C) At least one year for modification of a condition or termination of probation of less than three years.
(2) Notwithstanding paragraph (1), the  The  board may, upon a showing of good cause, specify in a revocation order, a surrender order, or an order imposing probation of more than three years that the person may petition the board for reinstatement or modification or termination of probation after one year.
(b) The petition shall be accompanied by at least two verified recommendations from veterinarians licensed by the board who have personal knowledge of the activities of the petitioner since the disciplinary penalty was imposed. The petition shall be heard by the board. The board may consider all activities of the petitioner since the disciplinary action was taken, the offense for which the petitioner was disciplined, the petitioner’s activities since the license or registration was in good standing, and the petitioner’s rehabilitation efforts, general reputation for truth, and professional ability. The hearing may be continued from time to time as the board finds necessary.
(c) The board reinstating the license or registration or modifying a penalty may impose terms and conditions as it determines necessary. To reinstate a revoked license or registration or to otherwise reduce a penalty or modify probation shall require a vote of five of the members of the board.
(d) The petition shall not be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole. The board may deny without a hearing or argument any petition filed pursuant to this section within a period of two years from the effective date of the prior decision following a hearing under this section.

SEC. 4.

 Article 7 (commencing with Section 4920) is added to Chapter 11 of Division 2 of the Business and Professions Code, to read:

Article  7. Pharmacy
4920.
 (a) In addition to complying with the labeling requirements described in Section 4076 pursuant to Section 4077, in nonemergency situations and outpatient settings, each time a veterinarian prescribes, administers, dispenses, or furnishes a dangerous drug or prescription medicine, as described in Section 4022, to an animal patient, the veterinarian shall offer to provide the client, or his or her authorized representative, a consultation that includes the following information:
(1) The name and description of the drug or medicine.
(2) Details for preparation and administration to the animal patient by the client, or his or her authorized representative.
(3) Route of administration, dosage form, dosage, and duration of drug therapy.
(4) Directions for proper use and storage.
(5) Actions to be taken in the event of a missed dose.
(6) Precautions and relevant warnings provided by the drug’s manufacturer, including common severe adverse effects or interactions that may be encountered and adverse interactions with other medications, including those available with or without prescriptions.
(7) An explanation of whether the drug or medicine is standard, long acting, or extended release and the possible additional risks for a long-acting or extended release drug or medicine in case of adverse effects due to prolonged systemic drug or medicine clearance.
(8) Foods or activities that should be avoided while giving the drug or medicine.
(9) Drug prescription refill information.
(b) For injections, the consultation shall be provided before the injection is administered to the animal patient.
(c) A veterinarian shall provide along with the consultation pharmaceutical literature or written information, when available, if requested by the client, or his or her authorized representative.
(d) A veterinarian may delegate the task of providing the consultation and literature or written information to a registered veterinary technician or veterinary assistant who is employed by and working under his or her supervision.
(e) The consultation may be provided to the client, or his or her authorized representative, through a telephone consultation by the veterinarian who has access to the animal patient’s record.
(f) Subdivisions (a) and (b) shall not apply if the client, or his or her authorized representative, declines or refuses the consultation or elects to have a prescription filled at a location other than the registered veterinary premises. If a consultation is not provided, that fact shall be recorded in the client’s record.
(g) (1) In every veterinary practice, there shall be prominently posted in a conspicuous location a poster indicating that the consultation specified in subdivisions (a) and (b) must be offered to the client, or his or her authorized representative. The heading of the poster shall read “NOTICE TO CONSUMERS”.
(2) The poster shall inform clients about the following consumer rights:
(A) The right to be offered a drug or medicine consultation by the veterinarian or his or her registered veterinarian technician or veterinary assistant.
(B) The right to ask for basic pharmaceutical and drug and medicine interaction information.
(C) The right to have a choice to obtain either the medication or a written prescription and to not be charged for the written prescription as described in Section 2032.2 of Title 16 of the California Code of Regulations.
(3) If the safety or health of any animal patient is at risk, consistent with Section 4800.1, the board may adopt a regulation requiring additional information to be included on the poster.
(h) This section shall not apply to drugs or medicine administered to animal patients in conjunction with surgery or during an anesthetic procedure or emergency services.
(i) This section shall be known, and may be cited, as Lizzie’s Law for Veterinary Pharmacy.
SEC. 5.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.