Today's Law As Amended


Bill PDF |Add To My Favorites | print page

AB-3013 Veterinary medicine: animal physical rehabilitation.(2017-2018)



As Amends the Law Today


SECTION 1.

 Section 4828.5 is added to the Business and Professions Code, to read:

4828.5.
 (a) For purposes of this section, the following definitions shall apply:
(1) “Animal physical rehabilitation“ means the treatment of injury or illness to address pain and improve function by means of physical or corrective treatment, as defined under Section 2620. Animal physical rehabilitation does not include relaxation, recreational, or wellness modalities, including, but not limited to, massage, athletic training, or exercise.
(2) “Animal physical rehabilitation assistant” means an unlicensed person who is not a licensed veterinarian, registered veterinarian, or supervised physical therapist and who assists a supervised physical therapist with delegated animal physical rehabilitation tasks pursuant to this section.
(3) “Animal physical rehabilitation facility” means a facility where a supervised physical therapist performs delegated animal physical rehabilitation tasks on an animal patient.
(4) “Delegated animal rehabilitation task” means animal physical rehabilitation treatments, functions, or services delegated to a supervised physical therapist or animal physical rehabilitation assistant by a supervising veterinarian under direct orders.
(5) “Direct order“ means oral or written instruction from a supervising veterinarian authorizing physical rehabilitation of an animal patient, including, but not limited to, communication and safety protocols or procedures specific to the animal patient, consistent with standards of good veterinary medical practice, and the particular delegated animal physical rehabilitation task.
(6) “Direct supervision” means all of the following:
(A) The supervising veterinarian is physically present at the location where delegated animal rehabilitation tasks are to be performed and is quickly and easily available.
(B) For purposes of supervision of animal physical rehabilitation assistants, the supervised physical therapist is physically present at the location where delegated animal rehabilitation tasks are to be performed and is available as specified by the supervising veterinarian.
(C) The animal has been examined by the supervising veterinarian within the period of time consistent with standards of good veterinary medical practice and the particular delegated animal physical rehabilitation task.
(7) “Indirect supervision” means both of the following:
(A) Determining the competency of a supervised physical therapist to perform delegated animal physical rehabilitation tasks and supervise an animal physical rehabilitation assistant.
(B) The animal has been examined by the supervising veterinarian within the period of time consistent with standards of good veterinary medical practice and the particular delegated animal physical rehabilitation task.
(8) “Supervised physical therapist“ means a physical therapist licensed under Chapter 5.7 (commencing with Section 2600) with a certificate in animal physical rehabilitation issued by the board who works under a supervising veterinarian pursuant to this section.
(9) “Supervising veterinarian“ means a veterinarian licensed pursuant to this chapter who is responsible for all of the following:
(A) Determining the competency of a supervised physical therapist to perform delegated animal physical rehabilitation tasks and supervise an animal physical rehabilitation assistant.
(B) Determining the competency of an animal physical rehabilitation assistant to perform delegated animal physical rehabilitation tasks under direct supervision of the supervised physical therapist.
(C) Determining the appropriate degree of supervision of a supervised physical therapist or an animal physical rehabilitation assistant necessary for the performance of the particular delegated animal physical rehabilitation task consistent with standards of good veterinary medical practice and the particular delegated animal physical rehabilitation task.
(D) Making all decisions relating to the diagnosis, treatment, management, and future disposition of the animal patient.
(E) Examining the animal patient prior to authorizing a supervised physical therapist or animal physical rehabilitation assistant to perform a delegated animal physical rehabilitation task. The examination of the animal patient shall be conducted within the period of time consistent with standards of good veterinary medical practice and the particular delegated animal physical rehabilitation task.
(10) “Supervision“ or “degree of supervision“ means either direct supervision or indirect supervision.
(b) Notwithstanding any other law, a supervised physical therapist may provide animal physical rehabilitation to an animal if all of the following requirements are met:
(1) The supervised physical therapist is working under the supervision of a supervising veterinarian who has an established veterinarian-client-patient relationship with the animal.
(2) The degree of supervision is consistent with standards of good veterinary medical practice and the particular delegated animal physical rehabilitation task, as determined by the supervising veterinarian.
(3) The delegated animal physical rehabilitation task is performed on a veterinary premise registered with the board, in an animal physical rehabilitation facility registered with the board, or in a mobile or range setting.
(4) The supervised physical therapist applied to the board, on an application form approved by the board, for a certificate in animal physical rehabilitation, received that certificate from the board, and paid the fee for that certificate described in Section 4905.
(c) An animal physical rehabilitation assistant may assist with delegated animal physical rehabilitation tasks if both of the following requirements are met:
(1) The animal physical rehabilitation assistant is working under the direct supervision of a supervised physical therapist in compliance with subdivision (b) of this section.
(2) The unlicensed assistant is working under the degree of supervision consistent with standards of good veterinary medical practice and the particular delegated animal physical rehabilitation task, as determined by the supervised physical therapist‘s supervising veterinarian.
(d) Unless specifically authorized by this section, a supervised physical therapist or animal physical rehabilitation assistant shall not perform any activity that represents the practice of veterinary medicine or requires the knowledge, skill, and training of a licensed veterinarian or registered veterinary technician, including the following:
(1) Surgery.
(2) Diagnosis and prognosis of animal diseases.
(3) Prescription of drugs, medicines, or appliances.
(4) Anesthesia.
(5) Application of casts or splints, except temporary cast molding for purposes of fitting custom or prefabricated orthotics or prosthetics if authorized by a supervising veterinarian.
(6) Dental extraction.
(7) Suture.
(8) Administration of controlled substances.
(9) Any other veterinary medicine function, tasks, or activities not specifically authorized by a supervising veterinarian as a delegated animal rehabilitation task.
(e) (1) An animal physical rehabilitation facility shall register with the board, on a form approved by the board, and pay the registration fee described in Section 4905.
(2) A supervised physical therapist may register an animal rehabilitation facility with the board.
(3) The board may inspect an animal rehabilitation facility for safety and compliance with this chapter.
(f)  (1) The board and the Physical Therapy Board of California, in cooperation, shall determine what qualifications are necessary for a physical therapist licensed under Chapter 5.7 (commencing with Section 2600) to receive a certificate in animal physical rehabilitation issued by the board. When making this determination, the board and the Physical Therapy Board of California shall ensure that the qualifications provide for safe and efficacious treatment of an animal and are consistent with the Veterinary Medical Board’s Animal Rehabilitation Task Force findings and approved motions.
(2) The board shall create the application form and determine the application process for the certificate.
(g) A certificate shall expire two years after the date of issuance and may be renewed in a manner approved by the board and consistent with Article 5 (commencing with Section 4900).
(h) A supervised physical therapist or an animal physical rehabilitation assistant shall be solely liable for any delegated animal physical rehabilitation tasks and the veterinarian that referred the animal for animal physical rehabilitation shall not be liable for any animal physical rehabilitation provided by the supervised physical therapist or animal physical rehabilitation assistant.
(i) Consistent with this chapter, the board shall have the authority to discipline a supervised physical therapist, including, but not limited to, revocation of the supervised physical therapist’s certificate in animal physical rehabilitation.
(j) Failure to comply with the supervision requirements in this section shall be deemed unprofessional conduct.
(k) The board shall report final disciplinary actions against a supervised physical therapist pursuant to subdivision (i) to the Physical Therapy Board of California.

SEC. 2.

 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 veterinarian license application fee shall be  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).
(b) (c)  The fee for the  Veterinary Medicine Practice Act course fee  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).
(c)  (d)  The initial veterinarian  license fee shall be set by the board not to exceed five hundred dollars ($500). ($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. 
(d) (e)  The biennial veterinarian license  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).
(e) (g)  The university licensee application fee shall be  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).
(f) (h)  The initial license fee for a  university license fee shall be  shall be two hundred ninety dollars ($290), which may be revised by the board in regulation but shall not exceed  five hundred dollars ($500).
(g) (i)  The biennial university licensee  renewal fee shall be  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).
(h) (j)  The delinquency fee shall be set by the board, not to exceed  fifty dollars ($50).
(i) (k)  The fee for issuance of a duplicate license, registration, or permit shall be  license is  twenty-five dollars ($25).
(j) (l)  Any charge made for duplication or other services shall be set at the cost of rendering the service, except as specified in subdivision (i). (k). 
(k) (m)  The fee for failure to report a change in the mailing address shall be  is  twenty-five dollars ($25).
(l) The initial veterinary premises registration fee shall be five hundred dollars ($500) annually.
(m) The annual veterinary premises registration renewal fee shall be five hundred twenty-five dollars ($525).
(n) The registered veterinary technician application fee shall be two hundred twenty-five dollars ($225).
(o) The initial registered veterinary technician registration fee shall be two hundred twenty-five dollars ($225).
(p) The biennial registered veterinary technician renewal fee shall be two hundred twenty-five dollars ($225).
(q) The veterinary assistant controlled substance permit application fee shall be one hundred dollars ($100).
(r) The veterinary assistant controlled substance permit fee shall be one hundred dollars ($100).
(s) The biennial veterinary assistant controlled substance permit renewal fee shall be one hundred dollars ($100).
(t) The veterinary assistant controlled substance permit delinquency fee shall be 50 percent of the renewal fee for such permit in effect on the date of the renewal of the permit, but shall not be less than twenty-five dollars ($25) nor more than one hundred fifty dollars ($150).
(u) (n)  The fee for filing an application for approval of a school or institution offering a curriculum for training registered veterinary technicians pursuant to Section 4843  initial and annual renewal fees for registration of veterinary premises  shall be set by the board at in  an amount not to exceed three hundred dollars ($300). The school or institution shall also pay for the reasonable regulatory costs incident to an onsite inspection conducted by the board pursuant to Section 2065.6 of Title 16 of the California Code of Regulations. four hundred dollars ($400) annually. 
(v) (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.
(p) The fee for the issuance and renewal of a certificate in animal physical rehabilitation pursuant to Section 4828.5 shall be set by the board in an amount not to exceed the reasonable regulatory costs to the board.
(q) The initial and annual renewal fees for registration of an animal physical rehabilitation facility pursuant to Section 4828.5 shall be set by the board in an amount not to exceed the reasonable regulatory costs to the board.