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SB-1347 Veterinary medicine: license exceptions: limited veterinary services premises registration.(2019-2020)

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Date Published: 08/12/2020 09:00 PM
SB1347:v94#DOCUMENT

Amended  IN  Assembly  August 12, 2020
Amended  IN  Assembly  August 04, 2020
Amended  IN  Assembly  July 27, 2020
Amended  IN  Senate  May 22, 2020
Amended  IN  Senate  May 06, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1347


Introduced by Senator Galgiani
(Principal coauthor: Assembly Member Chen)

February 21, 2020


An act to amend Section 4827 of Sections 4827 and 4905 of, and to add Section 4853.2 to, the Business and Professions Code, relating to healing arts.


LEGISLATIVE COUNSEL'S DIGEST


SB 1347, as amended, Galgiani. Veterinary medicine: license exceptions. exceptions: limited veterinary services premises registration.
Existing law makes it unlawful for any person to practice veterinary medicine or any branch thereof in the state unless the person holds a valid, unexpired, and unrevoked license to practice veterinary medicine, surgery, and dentistry, and the various branches of those practices, as described. Existing law makes it a misdemeanor for any person to violate, or to aid or abet in violating, any of these provisions.
Existing law exempts a person from licensure and specified requirements imposed on licensees when the person engages in specified acts of veterinary care for an animal, including, among other acts, administering sodium pentobarbital for the euthanasia of sick, injured, homeless, or unwanted domestic pets or animals without the presence of a veterinarian when the person is an employee of an animal control shelter and its agencies or humane society and has received proper training in the administration of sodium pentobarbital for these purposes.
This bill would expand this exception to include officers and employees of a shelter and would expand the types of veterinary care that may be provided pursuant to these provisions to include, but not be limited to, the administration of nonprescription vaccinations, pursuant to written protocols, to prevent the spread of communicable disease and administering first aid, as defined, without the presence of a veterinarian as long as the person has received the required training, as specified. The bill would require a shelter engaging in these exempted acts of veterinary care to maintain records of the care, as provided. The bill would preclude these exemptions from being construed to relieve a duly authorized officer of a shelter from the obligation to convey an injured animal to a veterinarian as specified or as otherwise necessary to provide the animal with needed veterinary care that the shelter is unable to perform in accordance with the exempted acts of veterinary care. The bill would exempt a person from licensure and specified requirements imposed on licensees when engaging in specified acts of veterinary care. By changing the scope of a crime, this bill would impose a state-mandated local program.
Existing law also requires all premises, as defined, where veterinary medicine, dentistry, or surgery, or the various branches thereof, is being practiced to register with the board.

This bill would, notwithstanding any law, exempt from the registration requirement any premises where the above-described exempted acts of veterinary care are performed.

This bill would require public animal shelters, shelters operated by a society for the prevention of cruelty to animals, and humane societies that offer limited veterinary services, as defined, to register with the Veterinary Medical Board as a limited veterinary premises. The bill would specify application, staffing, and operations requirements for the limited veterinary premises registration. By expanding the scope of a crime, the bill would impose as state-mandated local program.
Existing law requires the initial and annual fees for registration of veterinary premises to be set by the board in an amount not to exceed $400 annually.
This bill would require a limited veterinary premises to pay that fee.
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.

 Section 4827 of the Business and Professions Code is amended to read:

4827.
 (a) It is the intent of the Legislature to continue reviewing shelter operations and the adequate oversight of veterinary activities performed by licensed veterinary professionals, shelter employees, and shelter volunteers, including, but not limited to, through the next sunset review process of the Veterinary Medical Board pursuant to subdivision (c) of Section 4800.
(b) Nothing in this chapter or regulations adopted pursuant thereto prohibits any person from:
(1) Practicing veterinary medicine as a bona fide owner of one’s own animals. This exemption applies to the following:
(A) The owner’s bona fide employees.
(B) Any person assisting the owner, provided that the practice is performed gratuitously.
(2) Lay testing of poultry by the whole blood agglutination test. For purposes of this section, “poultry” means flocks of avian species maintained for food production, including, but not limited to, chickens, turkeys, and exotic fowl.
(3) Making any determination as to the status of pregnancy, sterility, or infertility upon livestock, equine, or food animals at the time an animal is being inseminated, providing no charge is made for this determination.
(4) Providing necessary and prompt veterinary care to animals lawfully deposited with or impounded by a shelter. For purposes of this paragraph, “veterinary care” means any of the following:
(A) Administering preventative or prophylactic nonprescription vaccinations to the animal pursuant to protocols written by a veterinarian licensed in this state, for the purposes of preventing the spread of communicable diseases, without the presence of a veterinarian when the person has received proper training in the administration of the nonprescription preventative or prophylactic vaccinations.
(B) Administering nonprescription medications to the animal pursuant to protocols written by a veterinarian licensed in this state, for the control or eradication of apparent or anticipated internal or external parasites, including, but not limited to, fleas, ticks, or worms, without the presence of a veterinarian when the person has received proper training in the administration of the nonprescription medications for the control or eradication of those internal or external parasites. A person’s decision to administer these medications shall not be construed to mean the person has made a diagnosis of the animal’s medical condition.
(C) Administering medication prescribed by a veterinarian licensed in the state to the animal without the presence of a veterinarian when the shelter has received a written treatment plan from the licensed veterinarian and has a dispensing protocol in place for the tracking of dispensed prescribed medication and when the person has received proper training in the administration of prescription medication.
(D) Changing of bandages or dressings, after examination by a veterinarian licensed in this state, in accordance with the directions of the veterinarian, without the presence of a veterinarian when the shelter has received a written treatment plan from the licensed veterinarian and has a wound care protocol in place for the tracking of care provided and when the person has received proper training in bandaging and bandage care. A person’s decision to change bandages or dressings or to perform similar wound care shall not be construed to mean the person has made a diagnosis of the animal’s medical condition.
(E) Administering sodium pentobarbital for euthanasia of sick, injured, homeless, or surrendered domestic pets or animals without the presence of a veterinarian when the person is an employee of an animal control shelter and its agencies or humane society and has received proper training in the administration of sodium pentobarbital for these purposes.
(5) Administering first aid without the presence of a veterinarian to an animal lawfully deposited with, or impounded by, a shelter provided that the individual providing the first aid has received proper training. Animals receiving first aid shall be transported to a veterinarian as soon as practically possible for followup care. For purposes of this paragraph, the term “first aid” is defined as any of the following:
(A) Controlling external bleeding with direct pressure or bandaging, for the purpose of stopping the bleeding.
(B) Removing visible foreign objects from an animal’s airway for the purpose of restoring breathing.
(C) Administering rescue breathing and chest compressions in the event that the animal has no heartbeat.
(D) For the purposes of paragraph (4) and this paragraph, the term “proper training” is defined as completing a training curriculum provided by a veterinarian licensed to practice in this state, and includes, but is not limited to, both of the following:
(i) Four hours of training that include an overview of intake procedures and preventative medicine, recognizing when an animal is required to be seen by a veterinarian, basic first aid and bandage care, prescription and nonprescription medications, humane animal restraint techniques, vaccination injection methods and procedures, and documentation.
(ii) Two hours of hands-on training in humane animal restraint techniques, vaccination procedures, first aid, and bandage care.
(E) The training shall be provided by a California licensed veterinarian and shall be taken at a minimum every three years.
(F) For the purposes of paragraph (4) and this paragraph, individuals duly registered as a registered veterinary technician, as described in Section 4839, shall be exempt from the proper training requirement.
(c) The exemptions described in paragraphs (4) and (5) apply only to a duly authorized officer, employee, or volunteer of the shelter.
(d) The shelter shall maintain records of the veterinary care described in paragraph (4) in accordance with Section 32003 of the Food and Agricultural Code.
(e) Nothing in paragraph (4) or (5) shall be construed to relieve a duly authorized officer of a shelter from the obligation to convey an injured animal to a veterinarian if required by Section 597.1 of the Penal Code or as otherwise necessary to provide the animal with needed veterinary care that the shelter is unable to perform in accordance with this section.
(f) For the purposes of paragraphs (4) and (5), the term “shelter” means a public animal shelter, shelter operated by a society for the prevention of cruelty to animals, or humane society.

(g)Notwithstanding any law, a premises where any activity described in subdivision (b) is performed shall not, on that basis, be required to register with the board pursuant to Section 4853 or regulations adopted pursuant to this chapter.

SEC. 2.

 Section 4853.2 is added to the Business and Professions Code, to read:

4853.2.
 (a) Except as required under Section 4853, a shelter that offers only limited veterinary services shall be registered as a limited veterinary services premises with the board in accordance with this section.
(b) The owner or operator of the shelter shall submit a limited veterinary premises registration application to the board. The application shall set forth all of the following:
(1) The name of each owner or operator of the shelter, including the type of corporate entity, if applicable.
(2) The name of the shelter.
(3) The name, address, and telephone number of the shelter or humane society administrator.
(4) The name and license number of at least one of the following:
(A) The licensee manager in accordance with subdivision (c) of Section 4853.
(B) The California licensed veterinarian of record.
(c) Substitution of the licensee manager or California licensed veterinarian of record may be accomplished by application to the board if both of the following conditions are met:
(1) The person substituted qualifies by presenting satisfactory evidence that they possess a valid, unexpired, and unrevoked license as provided by this chapter and that the license is not currently under suspension.
(2) No circumvention of the law is contemplated by the substitution.
(d) A shelter registered pursuant to this section shall be in compliance with Sections 4853.1, 4853.5, 4853.6, 4854, 4855, 4856, and 4857.
(e) The licensee manager or California licensed veterinarian of record shall have a contractual relationship with the registered shelter, shall maintain a reasonable physical presence at the shelter, and shall be regularly available for consultation.
(f) The operator or administrator shall ensure the premises and all individuals providing limited veterinary services are in compliance with this section.
(g) The California licensed veterinarian of record shall not be liable for the performance and actions of shelter staff and volunteers in cases when the California licensed veterinarian of record has no supervisory authority.
(h) This section does not authorize any person, corporation, or artificial legal entity, other than a California licensed veterinarian or a veterinary corporation practicing pursuant to Article 6 (commencing with Section 4910) of this chapter and the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code), to furnish to any person or animal any diagnosis or treatment within the scope of California veterinarian licensure under this chapter.
(i) This section does not authorize any person, other than a California licensed veterinarian within the scope of their license, to engage directly or indirectly in the practice of veterinary medicine, veterinary surgery, veterinary dentistry, and the various branches thereof in accordance with Section 4826.
(j) This section does not regulate, govern, or affect in any manner the practice of veterinary medicine, veterinary surgery, or veterinary dentistry by any person duly licensed to engage in that practice.
(k) The board shall not renew the limited veterinary premises registration if there is no licensee manager or California licensed veterinarian of record.
(l) The board may deny, suspend, or revoke the limited veterinary premises registration on the grounds of the unlicensed practice of veterinary medicine, veterinary dentistry, veterinary surgery, and the various branches thereof.
(m) The board may, by regulation, adopt minimum standards for the provision of limited veterinary services.
(n) For the purposes of this section the term “limited veterinary services” means the activities defined in paragraphs (4) and (5) of subdivision (b) of Section 4827.
(o) For the purposes of this section, the term “shelter” means a public animal shelter, shelter operated by a society for the prevention of cruelty to animals, or humane society.

SEC. 3.

 Section 4905 of the Business and Professions Code is amended to read:

4905.
 The following fees shall be collected by the board and shall be credited to the Veterinary Medical Board Contingent Fund:
(a) The fee for filing an application for examination shall be set by the board in an amount it determines is reasonably necessary to provide sufficient funds to carry out the purpose of this chapter, not to exceed three hundred fifty dollars ($350).
(b) The fee for the California state board examination shall be set by the board in an amount it determines is reasonably necessary to provide sufficient funds to carry out the purpose of this chapter, not to exceed three hundred fifty dollars ($350).
(c) The fee for the Veterinary Medicine Practice Act examination shall be set by the board in an amount it determines reasonably necessary to provide sufficient funds to carry out the purpose of this chapter, not to exceed one hundred dollars ($100).
(d) The initial license fee shall be set by the board not to exceed five hundred dollars ($500) except that, if the license is issued less than one year before the date on which it will expire, then the fee shall be set by the board not to exceed two hundred fifty dollars ($250). The board may, by appropriate regulation, provide for the waiver or refund of the initial license fee where the license is issued less than 45 days before the date on which it will expire.
(e) The renewal fee shall be set by the board for each biennial renewal period in an amount it determines is reasonably necessary to provide sufficient funds to carry out the purpose of this chapter, not to exceed five hundred dollars ($500).
(f) The temporary license fee shall be set by the board in an amount it determines is reasonably necessary to provide sufficient funds to carry out the purpose of this chapter, not to exceed two hundred fifty dollars ($250).
(g) The fee for filing an application for a university license shall be one hundred twenty-five dollars ($125), which may be revised by the board in regulation but shall not exceed three hundred fifty dollars ($350).
(h) The initial license fee for a university license shall be two hundred ninety dollars ($290), which may be revised by the board in regulation but shall not exceed five hundred dollars ($500).
(i) The biennial renewal fee for a university license shall be two hundred ninety dollars ($290), which may be revised by the board in regulation but shall not exceed five hundred dollars ($500).
(j) The delinquency fee shall be set by the board, not to exceed fifty dollars ($50).
(k) The fee for issuance of a duplicate license is twenty-five dollars ($25).
(l) Any charge made for duplication or other services shall be set at the cost of rendering the service, except as specified in subdivision (k).
(m) The fee for failure to report a change in the mailing address is twenty-five dollars ($25).
(n) The initial and annual renewal fees for registration of veterinary premises and limited veterinary premises shall be set by the board in an amount not to exceed four hundred dollars ($400) annually.
(o) If the money transferred from the Veterinary Medical Board Contingent Fund to the General Fund pursuant to the Budget Act of 1991 is redeposited into the Veterinary Medical Board Contingent Fund, the fees assessed by the board shall be reduced correspondingly. However, the reduction shall not be so great as to cause the Veterinary Medical Board Contingent Fund to have a reserve of less than three months of annual authorized board expenditures. The fees set by the board shall not result in a Veterinary Medical Board Contingent Fund reserve of more than 10 months of annual authorized board expenditures.

SEC. 2.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.