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AB-366 Animals: blood, blood components, and biologics. (2019-2020)

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Date Published: 02/04/2019 09:00 PM
AB366:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 366


Introduced by Assembly Member Bloom

February 04, 2019


An act to add Article 7 (commencing with Section 4920) to Chapter 11 of Division 2 of the Business and Professions Code, and to amend, repeal, and add Section 9202 of the Food and Agriculture Code, relating to animal health.


LEGISLATIVE COUNSEL'S DIGEST


AB 366, as introduced, Bloom. Animals: blood, blood components, and biologics.
Existing law, the Veterinary Medicine Practice Act, provides for the licensure and regulation of veterinary medicine by the Veterinary Medical Board in the Department of Consumer Affairs. Existing law authorizes the Veterinary Medical Board to deny, revoke, or suspend a license or registration or assess a fine for a violation of specified acts, including the employment of anyone but a veterinarian licensed in this state to demonstrate the use of biologics in the treatment of animals.
Existing law prohibits a person from engaging in the production of animal blood and blood component products, as defined, for retail sale and distribution except in a commercial blood bank for animals licensed by the secretary and requires the Secretary of Food and Agriculture to license commercial blood banks for animals that meet specified requirements. Existing law prohibits a person from engaging in the production of biologics except as permitted under federal law. Existing law exempts licensed private veterinarians who collect blood or blood products solely for use in their own practice from these provisions regulating and licensing commercial blood banks for animals and biologics. A violation of the act is a crime. Existing law defines animal, for the purposes of these provisions, as any domesticated fowl or nonhuman mammal and any wild fowl, bird, or mammal that is reduced to captivity. A violation of these provisions is a crime.
This bill, beginning on January 1, 2022, would change the definition of “animal,” for the purposes of the provisions related to commercial blood banks for animals, to exclude dogs and cats.
This bill, beginning on January 1, 2022, would authorize a licensed veterinarian to engage in the production of dog and cat blood and blood component products or biologics if specified conditions are met, including consent, safety, and record keeping requirements. This bill would otherwise prohibit any person from engaging in the production of dog and cat blood and blood component products or biologics. By expanding the scope of an existing crime with regard to violations of the Veterinary Medical Practice Act, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

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

4920.
 (a) For the purposes of this article:
(1) “Biologics” has the same meaning as defined in Section 9203 of the Food and Agriculture Code.
(2) “Blood and blood component products” has the same meaning as defined in Section 9204 of the Food and Agriculture Code.
(3) “Production” has the same meaning as defined in Section 9206 of the Food and Agriculture Code.
(b) Notwithstanding any other law, a licensed veterinarian may engage in the production of dog and cat blood and blood component products or biologics if all of the following conditions are met:
(1) The licensed veterinarian obtains written consent from the owner of the dog or cat involved in the collection of blood and blood component products.
(2) The licensed veterinarian has determined that the production of blood and blood component products or biologics is safe and noninjurious to the dog or cat’s health.
(3) The production of blood and blood component products or biologics is performed using methods of production to ensure that the dog or cat blood and blood component products will not be contaminated, dangerous, or harmful.
(4) The licensed veterinarian maintains records containing information documenting how the dog or cat was acquired and any history of blood draws or use of anesthesia on the dog or cat.
(5) The production of blood and blood component products or biologics complies with any applicable federal laws and regulations, including Section 151 and following of Title 21 of the United States Code.
(c) A violation of this section shall constitute a cause for discipline by the board pursuant to Section 4875.
(d) Except as provided in subdivision (b), a person shall not engage in the production of dog and cat blood and blood component products or biologics.
(e) This section shall become operative on January 1, 2022.

SEC. 2.

 Section 9202 of the Food and Agricultural Code is amended to read:

9202.
 (a) “Animal” includes, but is not limited to, any domesticated fowl or nonhuman mammal and any wild fowl, bird, or mammal that is reduced to captivity.
(b) This section is repealed as of January 1, 2022.

SEC. 3.

 Section 9202 is added to the Food and Agricultural Code, to read:

9202.
 (a) “Animal” includes any domesticated fowl or nonhuman mammal and any wild fowl, bird, or mammal that is reduced to captivity, but does not include dogs or cats.
(b) This section shall become operative on January 1, 2022.

SEC. 4.

 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.