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SB-969 Veterinary medicine.(2007-2008)

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SB969:v95#DOCUMENT

Senate Bill No. 969
CHAPTER 83

An act to amend Section 4826 of, and to add and repeal Section 4836.1 of, the Business and Professions Code, relating to veterinary medicine.

[ Approved by Governor  July 17, 2007. Filed with Secretary of State  July 17, 2007. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 969, Aanestad. Veterinary medicine.
Existing law provides that a person practices veterinary medicine when he or she, among other things, administers a drug for the prevention, cure, or relief of a wound, fracture, bodily injury, or disease of animals, except where the drug is administered by a registered veterinary technician or an unregistered assistant at the direction of and under the direct supervision of a licensed veterinarian.
This bill would, until January 1, 2012, authorize a registered veterinary technician and an unregistered assistant to administer a drug, including, but not limited to, a drug that is a controlled substance, except for the induction of anesthesia, under the direct or indirect supervision of a licensed veterinarian when done pursuant to the order, control, and full professional responsibility of the veterinarian. This bill would also define various terms for purposes of that provision and would make related changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 4826 of the Business and Professions Code is amended to read:

4826.
 A person practices veterinary medicine, surgery, and dentistry, and the various branches thereof, when he or she does any one of the following:
(a) Represents himself or herself as engaged in the practice of veterinary medicine, veterinary surgery, or veterinary dentistry in any of its branches.
(b) Diagnoses or prescribes a drug, medicine, appliance, application, or treatment of whatever nature for the prevention, cure or relief of a wound, fracture, bodily injury, or disease of animals.
(c) Administers a drug, medicine, appliance, application, or treatment of whatever nature for the prevention, cure, or relief of a wound, fracture, bodily injury, or disease of animals, except where the medicine, appliance, application, or treatment is administered by a registered veterinary technician or an unregistered assistant at the direction of and under the direct supervision of a licensed veterinarian subject to Article 2.5 (commencing with Section 4832) or where the drug, including, but not limited to, a drug that is a controlled substance, is administered by a registered veterinary technician or an unregistered assistant pursuant to Section 4836.1. However, no person, other than a licensed veterinarian, may induce anesthesia unless authorized by regulation of the board.
(d) Performs a surgical or dental operation upon an animal.
(e) Performs any manual procedure for the diagnosis of pregnancy, sterility, or infertility upon livestock or Equidae.
(f) Uses any words, letters or titles in such connection or under such circumstances as to induce the belief that the person using them is engaged in the practice of veterinary medicine, veterinary surgery, or veterinary dentistry. This use shall be prima facie evidence of the intention to represent himself or herself as engaged in the practice of veterinary medicine, veterinary surgery, or veterinary dentistry.

SEC. 2.

 Section 4836.1 is added to the Business and Professions Code, to read:

4836.1.
 (a) Notwithstanding any other provision of law, a registered veterinary technician or an unregistered assistant may administer a drug, including, but not limited to, a drug that is a controlled substance, under the direct or indirect supervision of a licensed veterinarian when done pursuant to the order, control, and full professional responsibility of a licensed veterinarian. However, no person, other than a licensed veterinarian, may induce anesthesia unless authorized by regulation of the board.
(b) For purposes of this section, the following definitions apply:
(1) “Controlled substance” has the same meaning as that term is defined in Section 11007 of the Health and Safety Code.
(2) “Direct supervision” has the same meaning as that term is defined in subdivision (e) of Section 2034 of Title 16 of the California Code of Regulations.
(3) “Drug” has the same meaning as that term is defined in Section 11014 of the Health and Safety Code.
(4) “Indirect supervision” has the same meaning as that term is defined in subdivision (f) of Section 2034 of Title 16 of the California Code of Regulations.
(c) This section shall remain in effect until January 1, 2012, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2012, deletes or extends that date.