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AB-2304 Pets: cosmetic teeth cleaning.(2011-2012)

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CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 2304


Introduced  by  Assembly Member Garrick

February 24, 2012


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


LEGISLATIVE COUNSEL'S DIGEST


AB 2304, as introduced, Garrick. Pets: cosmetic teeth cleaning.
Existing law provides for licensing of veterinarians by the Veterinary Medical Board. Existing law provides that a person is practicing veterinary medicine, surgery, and dentistry when engaged in various actions and procedures with respect to animals, including the performance of a surgical or dental operation.
This bill would provide that “dental operation” for these purposes does not include a service whereby a person utilizes nonmotorized instruments to remove calculus, soft deposits, plaque, or stains from an exposed area of a household pet’s tooth above the gum line, provided that the service is performed exclusively for cosmetic purposes and the person performing the service first obtains written permission from the person requesting the service.
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. As used in this subdivision, “dental operation” does not include a service whereby a person utilizes nonmotorized instruments, including, but not limited to, a scaler, to remove calculus, soft deposits, plaque, or stains from an exposed area of a household pet’s tooth above the gum line, provided that the service is performed exclusively for cosmetic purposes and the person performing the service first obtains written permission from the person requesting the service. Completion of a form substantially in compliance with the following shall constitute the giving of written permission:

“I hereby give permission to ____ to clean my pet’s teeth. I understand that this is a cosmetic procedure involving only that portion of the teeth that is exposed above the gum line, and is not intended to treat disease of the teeth or gums or as a substitute for regular veterinary dental care:
Pet’s name: ____
Owner’s name (or name of person requesting service): ___
Signature:___
Date:___”

(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.