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

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Date Published: 04/18/2018 04:00 AM
AB3013:v97#DOCUMENT

Amended  IN  Assembly  April 17, 2018
Amended  IN  Assembly  April 02, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 3013


Introduced by Assembly Member Chu
(Coauthor: Assembly Member Limón)

February 16, 2018


An act to amend Section 4905 of, and to add Section 4828.5 to, the Business and Professions Code, relating to healing arts.


LEGISLATIVE COUNSEL'S DIGEST


AB 3013, as amended, Chu. Veterinary medicine: animal physical rehabilitation.
Existing law, the Physical Therapy Practice Act, provides for the licensure and regulation of physical therapists by the Physical Therapy Board of California, which is within the Department of Consumer Affairs, and defines physical therapy as the art and science of physical or corrective rehabilitation or of physical or corrective treatment of any bodily or mental condition of any person by the use of the physical, chemical, and other properties of heat, light, water, electricity, sound, massage, and active, passive, and resistive exercise.
Existing law, the Veterinary Medicine Practice Act, provides for the licensure and regulation of veterinarians and the practice of veterinary medicine by the Veterinary Medical Board, which is within the Department of Consumer Affairs. That act makes it unlawful for any person to practice veterinary medicine in this state without a license and provides that the practice of veterinary medicine includes, among other things, the treatment of whatever nature for the prevention, cure, or relief of a wound, fracture, bodily injury, or disease of an animal.
This bill would authorize a licensed physical therapist with a certificate in animal physical rehabilitation to provide animal physical rehabilitation to an animal if certain requirements are met, including that the animal physical rehabilitation is performed on a veterinary premise registered with the Veterinary Medical Board, in an animal physical rehabilitation facility registered with the Veterinary Medical Board, or in a mobile or range setting. in certain settings and under the supervision of a supervising veterinarian. The bill would authorize unlicensed assistants to perform an animal physical rehabilitation assistant to assist with delegated animal physical rehabilitation tasks under the direct supervision of a licensed physical therapist with a certificate in animal physical rehabilitation. The bill would define an “animal physical rehabilitation facility” and would require an animal physical rehabilitation facility to register with the Veterinary Medical Board and pay specified registration fees. if certain conditions are met. The bill would require the Veterinary Medical Board to create an application form and determine the application process for the certificate. The bill would require the Veterinary Medical Board and the Physical Therapy Board of California, in cooperation, to determine the qualifications necessary for a physical therapist to receive a certificate issued by the Veterinary Medical Board, as provided, and would authorize the Veterinary Medical Board to charge a fee for issuance and renewal of a certificate. The bill would provide that a physical therapist with a certificate in animal physical rehabilitation or an animal physical rehabilitation assistant is solely liable for any delegated animal physical rehabilitation tasks provided under the certificate. a direct order. The bill would authorize the Veterinary Medical Board to discipline a physical therapist with a certificate in animal physical rehabilitation. The bill would also define various terms for these purposes
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

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

4828.5.
 (a) Notwithstanding 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 licensed under Chapter 5.7 (commencing with Section 2600) with a certificate in animal physical rehabilitation issued by the board 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 indirect supervision of a licensed supervising veterinarian who has an established veterinarian-client-patient relationship with the animal, the veterinarian makes a referral to the physical therapist with a certificate in animal physical rehabilitation, and the veterinarian is available for immediate consultation by telephone or other electronic means if immediate veterinary medical care is necessary. animal.

(2)Unlicensed assistants may perform animal physical rehabilitation tasks under the direct supervision of a licensed physical therapist with a certificate in animal physical rehabilitation pursuant to this chapter.

(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 applies 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 pays paid the fee for a certificate in animal physical rehabilitation 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.

(b)

(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 licensed supervised physical therapist with a certificate in animal physical rehabilitation 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.

(c)

(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.

(d)

(g) A certificate shall expire two years after the date of issuance and may be renewed. renewed in a manner approved by the board and consistent with Article 5 (commencing with Section 4900).

(e)

(h) A supervised physical therapist with a certificate in animal physical rehabilitation or an animal physical rehabilitation assistant shall be solely liable for any delegated animal physical rehabilitation provided under the certificate tasks and the veterinarian that referred the animal for animal physical rehabilitation shall not be liable for any animal physical rehabilitation provided by the physical therapist. supervised physical therapist or animal physical rehabilitation assistant.

(f)

(i) Consistent with this chapter, the board shall have the authority to discipline a supervised physical therapist with a certificate in animal physical rehabilitation. therapist, including, but not limited to, revocation of the supervised physical therapist’s certificate in animal physical rehabilitation.

(g)For purposes of this chapter, “animal physical rehabilitation facility” means a facility where a licensed physical therapist with a certificate in animal physical rehabilitation performs animal physical rehabilitation on an animal.

(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 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 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.
(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.