Compare Versions


PDF |Add To My Favorites |Track Bill | print page

SB-1347 Veterinary medicine: authorized care and registration.(2019-2020)



Current Version: 05/22/20 - Amended Senate         Compare Versions information image


SB1347:v97#DOCUMENT

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 the Business and Professions Code, relating to animals.


LEGISLATIVE COUNSEL'S DIGEST


SB 1347, as amended, Galgiani. Veterinary medicine: authorized care and 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 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 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 vaccinations, pursuant to written protocols, to prevent the spread of communicable disease. 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 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.
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) 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) (A) 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:
(i) Administering, 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, preventative or prophylactic vaccinations to the animal without the presence of a veterinarian when the person has received proper training in the administration of the nonprescription preventative or prophylactic vaccinations.
(ii) 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.
(iii) 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.
(iv) Administering basic first aid to the animal without the presence of a veterinarian when the person has received proper training in the administration of animal first aid.
(v) Changing of bandages or dressings, and performing similar wound care, after examination by a veterinarian licensed in this state, in accordance with the directions of a veterinarian licensed in the state, 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. 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.
(vi) 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.
(B) The exemptions described in this paragraph apply only to a duly authorized officer, employee, or volunteer of the shelter.
(C) The shelter shall maintain records of the veterinary care described in this paragraph in accordance with Section 32003 of the Food and Agricultural Code.
(D) Nothing in this paragraph 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.
(E) For purposes of this paragraph, the following definitions apply:
(i) “First aid” means temporary treatments for purposes of stabilizing an animal so the animal can be transported to a veterinarian for treatment or so that transportation to a veterinarian is not necessary. First aid includes, but is not limited to, controlling hemorrhage with direct pressure and bandaging wounds to stop bleeding.
(ii) “Shelter” means a public animal shelter, shelter operated by a society for the prevention of cruelty to animals, or humane society.
(b) Notwithstanding any law, a premises where any activity described in subdivision (a) 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.

 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.