BILL NUMBER: SB 969	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 30, 2007
	AMENDED IN SENATE  MAY 16, 2007

INTRODUCED BY   Senator Aanestad

                        FEBRUARY 23, 2007

   An act to amend  Sections 4826, 4830, and 4848 
 Section 4826  of, and to add and repeal Section 4836.1 of,
the Business and Professions Code, relating to veterinary medicine.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 969, as amended, Aanestad. Veterinary medicine. 
   Existing law requires the Veterinary Medical Board to ascertain,
by means of examination, the professional qualifications of
applicants for licensure to practice veterinary medicine and to issue
a license to every person whom it finds to be qualified. Under
existing law, the board must waive those examination requirements and
issue a temporary license to an applicant who, among other
requirements, has practiced clinical veterinary medicine for a
minimum of 4 years full time within the 5 years immediately preceding
filing an application for licensure and has either graduated from a
veterinary college recognized by the board or possesses a certificate
issued by a specified commission.  
   This bill would instead require the board to waive the examination
requirements and issue a temporary license to an applicant who,
among other requirements, has either graduated from a veterinary
college recognized by the board or possesses a certificate issued by
a specified commission or by the Program for Assessment of
Educational Equivalence and, within the 3 years immediately preceding
filing an application, has practiced clinical veterinary medicine
for a minimum of 2 years and completed a minimum of 2,944 hours of
clinical practice. The bill would also require the board to waive the
examination requirements and issue a license to a person who, among
other requirements, is certified by a specified organization or
association and agrees to complete an approved educational curriculum
on regionally specific and important diseases and conditions during
the first year of licensure, as specified. 
   Existing law provides that a person practices veterinary medicine
when he or she, among other things, administers a drug for the
prevention, cure, or relief of a wound, fracture, bodily injury, or
disease of animals, except where the drug is administered by a
registered veterinary technician or an unregistered assistant at the
direction of and under the direct supervision of a licensed
veterinarian.
   This bill would, until January 1, 2012, authorize a registered
veterinary technician and an unregistered assistant to administer a
drug, including, but not limited to, a drug that is a controlled
substance, except for the induction of anesthesia, under the direct
or indirect supervision of a licensed veterinarian when done pursuant
to the order, control, and full professional responsibility of the
veterinarian. This bill would also define various terms for purposes
of that provision and would make related changes.
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4826 of the Business and Professions Code is
amended to read:
   4826.  A person practices veterinary medicine, surgery, and
dentistry, and the various branches thereof, when he or she does any
one of the following:
   (a) Represents himself or herself as engaged in the practice of
veterinary medicine, veterinary surgery, or veterinary dentistry in
any of its branches.
   (b) Diagnoses or prescribes a drug, medicine, appliance,
application, or treatment of whatever nature for the prevention, cure
or relief of a wound, fracture, bodily injury, or disease of
animals.
   (c) Administers a drug, medicine, appliance, application, or
treatment of whatever nature for the prevention, cure, or relief of a
wound, fracture, bodily injury, or disease of animals, except where
the medicine, appliance, application, or treatment is administered by
a registered veterinary technician or an unregistered assistant at
the direction of and under the direct supervision of a licensed
veterinarian subject to Article 2.5 (commencing with Section 4832) or
where the drug, including, but not limited to, a drug that is a
controlled substance, is administered by a registered veterinary
technician or an unregistered assistant pursuant to Section 4836.1.
However, no person, other than a licensed veterinarian, may induce
anesthesia unless authorized by regulation of the board.
   (d) Performs a surgical or dental operation upon an animal.
   (e) Performs any manual procedure for the diagnosis of pregnancy,
sterility, or infertility upon livestock or Equidae.
   (f) Uses any words, letters or titles in such connection or under
such circumstances as to induce the belief that the person using them
is engaged in the practice of veterinary medicine, veterinary
surgery, or veterinary dentistry. This use shall be prima facie
evidence of the intention to represent himself or herself as engaged
in the practice of veterinary medicine, veterinary surgery, or
veterinary dentistry. 
  SEC. 2.    Section 4830 of the Business and
Professions Code, as amended by Section 1 of Chapter 823 of the
Statutes of 2006, is amended to read:
   4830.  (a) This chapter does not apply to:
   (1) Veterinarians while serving in any armed branch of the
military service of the United States or the United States Department
of Agriculture while actually engaged and employed in their official
capacity.
   (2) Regularly licensed veterinarians in actual consultation from
other states.
   (3) Regularly licensed veterinarians actually called from other
states to attend cases in this state, but who do not open an office
or appoint a place to do business within this state.
   (4) Veterinarians employed by the University of California while
engaged in the performance of duties in connection with the College
of Agriculture, the Agricultural Experiment Station, the School of
Veterinary Medicine or the agricultural extension work of the
university or employed by the Western University of Health Sciences
while engaged in the performance of duties in connection with the
College of Veterinary Medicine or the agricultural extension work of
the university.
   (5) Students in the School of Veterinary Medicine of the
University of California or the College of Veterinary Medicine of the
Western University of Health Sciences who participate in diagnosis
and treatment as part of their educational experience, including
those in off-campus educational programs under the direct supervision
of a licensed veterinarian in good standing, as defined in
subdivision (f) of Section 4848, appointed by the University of
California, Davis, or the Western University of Health Sciences.
   (6) A veterinarian who is employed by the Meat and Poultry
Inspection Branch of the California Department of Food and
Agriculture while actually engaged and employed in his or her
official capacity. A person exempt under this paragraph shall not
otherwise engage in the practice of veterinary medicine unless he or
she is issued a license by the board.
   (7) Unlicensed personnel employed by the Department of Food and
Agriculture or the United States Department of Agriculture when, in
the course of their duties, they are directed by a veterinarian
supervisor to conduct an examination, obtain biological specimens,
apply biological tests, or administer medications or biological
products as part of government disease or condition monitoring,
investigation, control, or eradication activities.
   (8) Veterinarians employed by a city, city and county, or county
who meet all of the following criteria:
   (A) They have earned and possess a doctorate in veterinary
medicine from an American Veterinary Medical Association-accredited
college of veterinary medicine, or they possess a degree in
veterinary medicine from a non-American Veterinary Medical
Association-accredited college of veterinary medicine and possess a
certificate issued by the Educational Commission for Foreign
Veterinary Graduates or a certificate issued by the Program for
Assessment of Veterinary Equivalence, or they have achieved board
certification from the American College of Veterinary Pathologists.
   (B) They have successfully completed a residency approved by the
American College of Veterinary Pathologists.
   (C) They are conducting activities, under the direct supervision
of a California licensed veterinarian, related to pathology and
epidemiology on dead animals as part of a government program to
monitor a disease or a disease-related condition or to investigate,
control, or eradicate a disease.
   (b) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2011, deletes or extends that
date.  
  SEC. 3.    Section 4830 of the Business and
Professions Code, as added by Section 2 of Chapter 823 of the
Statutes of 2006, is amended to read:
   4830.  (a) This chapter does not apply to:
   (1) Veterinarians while serving in any armed branch of the
military service of the United States or the United States Department
of Agriculture while actually engaged and employed in their official
capacity.
   (2) Regularly licensed veterinarians in actual consultation from
other states.
   (3) Regularly licensed veterinarians actually called from other
states to attend cases in this state, but who do not open an office
or appoint a place to do business within this state.
   (4) Veterinarians employed by the University of California while
engaged in the performance of duties in connection with the College
of Agriculture, the Agricultural Experiment Station, the School of
Veterinary Medicine, or the agricultural extension work of the
university or employed by the Western University of Health Sciences
while engaged in the performance of duties in connection with the
College of Veterinary Medicine or the agricultural extension work of
the university.
   (5) Students in the School of Veterinary Medicine of the
University of California or the College of Veterinary Medicine of the
Western University of Health Sciences who participate in diagnosis
and treatment as part of their educational experience, including
those in off-campus educational programs under the direct supervision
of a licensed veterinarian in good standing, as defined in
subdivision (f) of Section 4848, appointed by the University of
California, Davis, or the Western University of Health Sciences.
   (6) A veterinarian who is employed by the Meat and Poultry
Inspection Branch of the California Department of Food and
Agriculture while actually engaged and employed in his or her
official capacity. A person exempt under this paragraph shall not
otherwise engage in the practice of veterinary medicine unless he or
she is issued a license by the board.
   (7) Unlicensed personnel employed by the Department of Food and
Agriculture or the United States Department of Agriculture when in
the course of their duties they are directed by a veterinarian
supervisor to conduct an examination, obtain biological specimens,
apply biological tests, or administer medications or biological
products as part of government disease or condition monitoring,
investigation, control, or eradication activities.
   (b) This section shall become operative on January 1, 2011.

   SEC. 4.   SEC. 2.   Section 4836.1 is
added to the Business and Professions Code, to read:
   4836.1.  (a) Notwithstanding any other provision of law, a
registered veterinary technician or an unregistered assistant may
administer a drug, including, but not limited to, a drug that is a
controlled substance, under the direct or indirect supervision of a
licensed veterinarian when done pursuant to the order, control, and
full professional responsibility of a licensed veterinarian. However,
no person, other than a licensed veterinarian, may induce anesthesia
unless authorized by regulation of the board.
   (b) For purposes of this section, the following definitions apply:

   (1) "Controlled substance" has the same meaning as that term is
defined in Section 11007 of the Health and Safety Code.
   (2) "Direct supervision" has the same meaning as that term is
defined in subdivision (e) of Section 2034 of Title 16 of the
California Code of Regulations.
   (3) "Drug" has the same meaning as that term is defined in Section
11014 of the Health and Safety Code.
   (4) "Indirect supervision" has the same meaning as that term is
defined in subdivision (f) of Section 2034 of Title 16 of the
California Code of Regulations.
   (c) This section shall remain in effect until January 1, 2012, and
as of that date is repealed, unless a later enacted statute, which
is enacted before January 1, 2012, deletes or extends that date. All
matter omitted in this version of the bill appears in the bill as
amended in the Senate, May 16, 2007. (JR11)