BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 969
                                                                  Page  1


          SENATE THIRD READING
          SB 969 (Aanestad)
          As Amended May 30, 2007
          Majority vote 

           SENATE VOTE  :39-0  
           
           BUSINESS AND PROFESSIONS    10-0                                
           
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          |Ayes:|Eng, Emmerson, Lieu,      |     |                          |
          |     |Carter, Hayashi,          |     |                          |
          |     |Hernandez, Horton, Maze,  |     |                          |
          |     |Price, Torrico            |     |                          |
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          SUMMARY  :  Allows a registered veterinarian technician (RVT) or  
          an unregistered assistant (UA) to administer a drug, including  
          controlled substances, under the direct or indirect supervision,  
          as defined, of a licensed veterinarian.  Specifically,  this  
          bill :   

          1)Allows, until January 1, 2012, a RVT or UA to administer a  
            drug, except for anesthesia, 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.

          2)Defines "drug" and "controlled substance" as specified under  
            the Health and Safety Code.  

          3)Defines "direct supervision" and "indirect supervision" as  
            specified in the California Code of Regulations.   

           EXISTING LAW  :

          1)Provides for the licensing and regulation of approximately  
            11,600 veterinarians and 3,700 RVTs by the Veterinary Medical  
            Board (Board) in the Department of Consumer Affairs.

          2)Prohibits any person not licensed by the Board from practicing  
            veterinary medicine, and provides that an applicant for a  
            license to practice veterinary medicine shall have graduated  
            from a veterinary college, passed a national-administered  








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            licensing examination, a Board examination, and an examination  
            on the statutes and regulations of the Veterinary Medical  
            Practice Act.

          3)Requires the Board to adopt regulations establishing animal  
            health care tasks and an appropriate degree of supervision  
            required for those tasks that may be performed only by a RVT,  
            or a licensed veterinarian, and allows the Board to adopt  
            regulations for animal health care tasks to be performed by  
            UAs, and the degree to which UAs would be supervised by a RVT  
            or a licensed veterinarian.

          4)Provides that a person practices veterinary medicine when  
            he/she, among other things, administers a drug for prevention,  
            cure, or relief of a wound, fracture, bodily injury, or  
            disease of animals, except where the drug is administered by a  
            RVT or UA at the direction of and under the direct supervision  
            of a licensed veterinarian.  

          5)Allows a RVT or UA to administer a drug under the indirect  
            supervision of a licensed veterinarian when done pursuant to  
            the order, control, and full professional responsibility of a  
            licensed veterinarian.

          6)Defines "direct supervision" as meaning the supervisor is  
            physically present at the location where animal health care  
            job tasks are to be preformed and the animal has been examined  
            by a veterinarian at such time as good veterinary medical  
            practices requires, as described.

          7)Defines "indirect supervision" as meaning that the supervisor  
            is not physically present at the location where the animal  
            health care job tasks are to be preformed but has given either  
            written or oral instructions for treatment of the animal  
            patient and the animal has been examined by a veterinarian at  
            such time as good veterinary medical practices requires.

           FISCAL EFFECT :   Unknown.  This bill is keyed non-fiscal. 

           COMMENTS  :   According to the author, "For years, Registered  
          Veterinary Technicians (RVTs) and unregistered assistants (UAs)  
          working in veterinary practices in California and other states  
          have been allowed to administer controlled substances under the  
          indirect supervision of a veterinarian.  A new interpretation of  








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          the law by the California Veterinary Medical Board recently  
          opined that this practice is not authorized.  The Veterinary  
          Medical Board promulgated regulations which allow RVTs to  
          administer a controlled substance under indirect supervision.   
          However, UAs must be directly supervised.  Their regulations are  
          contradictory and create a problem for veterinarians who do not  
          have RVTs."


           Analysis Prepared by  :    Tracy Rhine / B. & P. / (916) 319-3301 


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