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AB-814 Veterinary medicine: animal physical rehabilitation.(2023-2024)

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Date Published: 04/27/2023 09:00 PM
AB814:v97#DOCUMENT

Amended  IN  Assembly  April 27, 2023
Amended  IN  Assembly  March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 814

Introduced by Assembly Member Lowenthal

February 13, 2023

An act to amend Section 4905 of, and to add Sections 2631, 2660.9, 2631 and 2660.9 to, and to add and repeal Section 4828.5 to, of, the Business and Professions Code, relating to healing arts.


LEGISLATIVE COUNSEL'S DIGEST


AB 814, as amended, Lowenthal. 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. That act 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 to be registered with the Veterinary Medical Board as an authorized a registered animal physical therapist and to provide animal physical rehabilitation, as defined, to an animal if specified requirements are met, including that the authorized registered animal physical therapist performs all delegated animal rehabilitation tasks under the supervision of a veterinarian who has an established veterinarian-client-patient-relationship with the animal. The bill would authorize an animal physical rehabilitation assistant, as defined, to assist with delegated animal rehabilitation tasks subject to specified conditions, including requiring that the tasks to be are performed under the direct supervision of an authorized a registered animal physical therapist. The bill would require the owner or operator of an animal physical rehabilitation facility, as defined, to be registered with submit a registration application to the Veterinary Medical Board. Board and pay a registration fee, as prescribed.
This bill would require the Veterinary Medical Board and the Physical Therapy Board of California to determine qualifications to receive an authorization in necessary for a physical therapist to register with the board to provide animal physical rehabilitation, rehabilitation and would require the Veterinary Medical Board to create the registration form and determine the registration process. The bill would authorize the Veterinary Medical Board to discipline an authorized a registered animal physical therapist, as specified, and would require the Veterinary Medical Board to report disciplinary actions against a registered physical therapist to the Physical Therapy Board of California.
This bill would make a violation of the provisions by a licensee of the Physical Therapy Practice Act unprofessional conduct. The bill would establish fees for the issuance and renewal of an authorization a registration in animal physical rehabilitation and initial and annual renewal fees for registration of an animal physical rehabilitation facility, which would be deposited in the Veterinary Medical Board Contingent Fund.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 2631 is added to the Business and Professions Code, to read:

2631.
 This chapter does not prohibit a licensed physical therapist from performing animal rehabilitation under Section 4828.5, 4828.5 or from carrying out the activities authorized under that section.

SEC. 2.

 Section 2660.9 is added to the Business and Professions Code, to read:

2660.9.
 (a) A violation of Section 4828.5 by a licensee of this chapter shall constitute unprofessional conduct under Section 2660.
(b) A report of a final disciplinary action against a licensee of this chapter by the Veterinary Medical Board under subdivision (k) of Section 4828.5 shall be deemed as conclusive evidence of unprofessional conduct by the licensee under Section 2660.

SEC. 3.

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

4828.5.
 (a) For purposes of this section, the following definitions apply: section:
(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 2038.5 of Title 16 of the California Code of Regulations. treatment. 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 technician, or authorized registered animal physical therapist, therapist and who assists an authorized a registered animal physical therapist with delegated animal rehabilitation tasks pursuant to this section.
(3) “Animal physical rehabilitation facility” means a facility registered with the board where an authorized a registered animal physical therapist performs delegated animal rehabilitation tasks on an animal patient.

(4)“Authorized animal physical therapist” means a physical therapist licensed under the Physical Therapy Practice Act (Chapter 5.7 (commencing with Section 2600)), who is registered with the board, and who performs animal physical rehabilitation under a supervising veterinarian pursuant to this section.

(5)

(4) “Delegated animal rehabilitation task” means animal physical rehabilitation treatments, functional assessment, or services delegated to an authorized a registered animal physical therapist or animal physical rehabilitation assistant by a supervising veterinarian providing an order for treatment.

(6)

(5) “Direct supervision” means both 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) 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 rehabilitation task.

(7)

(6) “Indirect supervision” means both of the following:
(A) The supervising veterinarian is not physically present at the location where delegated animal rehabilitation tasks are to be performed, performed but has given an order for treatment to an authorized a registered animal physical therapist to provide treatment to an animal patient.
(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)

(7) “Order for treatment” means oral or written instruction from a supervising veterinarian authorizing physical rehabilitation of an animal patient, including, but not limited to, communication directions, communication, reporting, limitations, and safety protocols or procedures specific to the animal patient, consistent with standards of good veterinary medical practice and the particular delegated animal rehabilitation task.
(8) “Registered animal physical therapist” means a physical therapist licensed under the Physical Therapy Practice Act (Chapter 5.7 (commencing with Section 2600)) who is registered with the board and who performs animal physical rehabilitation 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) Examining the animal patient before giving an order for treatment to an authorized a registered animal physical therapist or animal physical rehabilitation assistant to perform a delegated animal physical rehabilitation task. The examination of the animal patient shall establish a veterinary-patient-client-relationship and shall be conducted within the period of time consistent with standards of good veterinary medical practice and the particular delegated animal rehabilitation task. task, including specific consideration of the animal patient’s condition.
(B) Making all decisions relating to the diagnosis, treatment, management, and future disposition of the animal patient.
(C) Determining the appropriate degree of supervision of an authorized a registered animal 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.
(10) “Supervision” or “degree of supervision” means veterinary oversight of the treatment plan performed by the authorized registered animal physical therapist and may be either direct supervision or indirect supervision.
(b) Notwithstanding any other law, an authorized a registered animal physical therapist may provide animal physical rehabilitation to an animal if all of the following requirements are met:
(1) The authorized registered animal physical therapist performs all delegated animal rehabilitation tasks under the supervision of a veterinarian who has an established veterinary-patient-client-relationship with the animal. This veterinary-patient-client-relationship need not be established on the same premises where the delegated animal rehabilitation tasks are performed.
(2) The degree of supervision is consistent with standards of good veterinary medical practice and the particular delegated animal rehabilitation task, as determined by the supervising veterinarian.
(3) The delegated animal rehabilitation task is performed on a veterinary premise registered with the board, board in an animal physical rehabilitation facility registered with the board, board or in a mobile or range setting.
(4) The authorized registered animal physical therapist has registered to practice animal physical rehabilitation with the board and has paid the fee as described in Section 4905.
(c) An animal physical rehabilitation assistant may assist with delegated animal rehabilitation tasks if both of the following requirements are met:
(1) The animal physical rehabilitation assistant performs the delegated animal rehabilitation tasks under the direct supervision of an authorized a registered animal physical therapist in compliance with subdivision (b).
(2) The animal physical rehabilitation assistant is working under the degree of supervision consistent with standards of good veterinary medical practice and the particular delegated animal rehabilitation task, as determined by the authorized registered animal physical therapist’s supervising veterinarian.
(d) Unless specifically authorized by this section, an authorized a registered animal 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: technician.

(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 ordered 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 The owner or operator of an animal physical rehabilitation facility shall be registered with the board, on a form approved by the board, submit a registration application to the board and pay the registration fee described in Section 4905.
(2) The application required by paragraph (1) shall include all of the following:
(A) The name of each owner or operator of the premises, including the type of corporate entity, if applicable.
(B) The name of the premises.
(C) The name of the responsible licensee or registered physical therapist manager who is to act on behalf of the registered premises.

(2)

(3) The board may inspect an animal rehabilitation facility for safety and compliance with this chapter. chapter and require reporting of adverse events, client complaints, or other safety and compliance information.
(4) The registration shall expire two years after the date of registration and may be renewed in a manner approved by the board and consistent with Article 5 (commencing with Section 4900).
(f) (1) The board and the Physical Therapy Board of California, in cooperation, The board shall determine the qualifications necessary for a physical therapist licensed under Chapter 5.7 (commencing with Section 2600) to register with the board and receive an authorization in to provide animal physical rehabilitation. 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 registration form and determine the registration process for the authorization. process.
(g) An authorization A registration shall expire two years after the date of issuance registration and may be renewed in a manner approved by the board and consistent with Article 5 (commencing with Section 4900).
(h) An authorized A registered animal physical therapist shall be solely liable for any delegated animal rehabilitation tasks that they perform. The veterinarian who issues an order for treatment for animal physical rehabilitation shall not be liable for any animal physical rehabilitation provided by the authorized registered animal physical therapist or the animal physical rehabilitation assistant.
(i) Consistent with this chapter, the board may discipline an authorized a registered animal physical therapist, including, but not limited to, revocation of the physical therapist’s authorization registration to perform animal physical rehabilitation.
(j) Failure to comply with the supervision requirements in this section shall be deemed unprofessional conduct and shall subject an authorized a registered animal physical therapist to revocation of the authorization registration issued by the board.
(k) The board shall report final disciplinary actions against an authorized a registered physical therapist pursuant to subdivision (i) to the Physical Therapy Board of California.
(l) (1) This section shall become operative on January 1, 2025.
(2) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 4.

 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 three hundred fifty dollars ($350).
(b) The Veterinary Medicine Practice Act course fee 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)  The initial veterinarian license fee shall be set by the board not to exceed five hundred dollars ($500).
(d) The biennial veterinarian license renewal fee shall be five hundred dollars ($500).
(e) The university licensee application fee shall be three hundred fifty dollars ($350).
(f) The initial university license fee shall be five hundred dollars ($500).
(g) The biennial university licensee renewal fee shall be five hundred dollars ($500).
(h) The delinquency fee shall be fifty dollars ($50).
(i) The fee for issuance of a duplicate license, registration, or permit shall be twenty-five dollars ($25).
(j) 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) The fee for failure to report a change in the mailing address shall be 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) 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 shall be set by the board at 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.
(v) The fee for the issuance and renewal of an authorization a registration 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.
(w) 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.
(x) 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.