BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1980
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          ASSEMBLY THIRD READING
          AB 1980 (Hayashi)
          As Amended  April 28, 2010
          Majority vote 

           BUSINESS & PROFESSIONS        10-0                              
           
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          |Ayes:|Hayashi, Emmerson,        |     |                          |
          |     |Conway, Eng, Hernandez,   |     |                          |
          |     |Hill, Ma, Nava, Niello,   |     |                          |
          |     |Ruskin                    |     |                          |
          |     |                          |     |                          |
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           SUMMARY  :  Authorizes the administration of first aid to sick,  
          injured, homeless, or unwanted domestic pets or animals by  
          employees of an animal control shelter or humane society.   
          Specifically,  this bill  :

          1)Authorizes the administration of first aid to sick, injured,  
            homeless, or unwanted domestic pets or animals without the  
            presence of a veterinarian by employees of an animal control  
            shelter and its agencies or humane society.

          2)States that this bill does not authorize a person to act  
            outside the scope of his or her employment.

           EXISTING LAW  :

          1)Provides for the regulation of the practice of veterinary  
            medicine by the Veterinary Medical Board (Board) and prohibits  
            that practice without a license.

          2)Specifies that the Veterinary Medicine Practice Act (Act) does  
            not prohibit an employee of an animal control shelter or human  
            society from administering sodium pentobarbital for euthanasia  
            if the employee has received proper training in that  
            administration.

           FISCAL EFFECT  :   Unknown.  This bill is keyed non-fiscal by the  
          Legislative Counsel.

           COMMENTS  :   According to the author's office, "Many animals  
          arrive at shelters during off hours and in emergency conditions.  








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           They need immediate attention which may not be available by a  
          veterinarian, such as treating cuts or injuries.  Additionally,  
          since smaller animal control agencies may not have a  
          veterinarian on staff, sick or injured animals may suffer  
          needlessly while waiting for medical care by an outside  
          veterinarian."


          The Board's mission is to provide protection to consumers and  
          animals through proper licensing of veterinarians and registered  
          veterinary technicians, and through vigorous, objective  
          enforcement of the Act.



          Although the Board does not regulate shelters, per se, various  
          changes in the landscape of animal shelters and shelter medicine  
          have caused the Board to review the veterinary medicine  
          requirements for shelters. 



          According to the Board, if shelters are providing veterinary  
          care, they are practicing veterinary medicine.  The Act defines  
          the practice of veterinary medicine as diagnosing, prescribing,  
          and treating of an animal for the prevention, cure, relief of a  
          wound, fracture, bodily injury, or disease.  These procedures  
          fall under the jurisdiction of the Board. 



          Animal control shelters are regulated under the California Food  
          and Agriculture Code, Civil Code, and Penal Code.  City, county,  
          and city and county animal control shelters and its agencies are  
          mandated to provide "necessary and prompt veterinary medical  
          care to animals housed in an animal control shelter" to care for  
          adoptable animals and protect the public good. 



          The Board has interpreted the "necessary and prompt" requirement  
          of veterinary medical care to permit unlicensed employees to  
          administer basic care to protect the public and animals in the  
          absence of a veterinarian.  All other on-going and regular  








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          veterinary medical care must be provided by or under the  
          supervision of a licensed California veterinarian.



          Thus, this bill codifies existing interpretations of the Board  
          and clarifies that it is not intended to impact any existing  
          scopes of practice.  

           
          Analysis Prepared by  :    Rebecca May / B.,P. & C.P. / (916)  
          319-3301 

                                                                FN: 0004145