BILL NUMBER: AB 1839 CHAPTERED
BILL TEXT
CHAPTER 239
FILED WITH SECRETARY OF STATE SEPTEMBER 7, 2012
APPROVED BY GOVERNOR SEPTEMBER 7, 2012
PASSED THE SENATE AUGUST 9, 2012
PASSED THE ASSEMBLY AUGUST 13, 2012
AMENDED IN SENATE AUGUST 6, 2012
AMENDED IN SENATE JUNE 26, 2012
INTRODUCED BY Assembly Member Ma
FEBRUARY 22, 2012
An act to amend Sections 4826, 4826.2, 4833, 4836, 4836.1, 4836.5,
4840, 4840.2, 4840.7, and 4840.9 of the Business and Professions
Code, relating to veterinary medicine.
LEGISLATIVE COUNSEL'S DIGEST
AB 1839, Ma. Veterinary medicine: veterinary assistants.
Existing law, the Veterinary Medicine Practice Act, provides for
the licensure and registration of veterinarians and registered
veterinary technicians and the regulation of the practice of
veterinary medicine by the Veterinary Medical Board. The act also
permits unregistered assistants to carry out specified acts in the
veterinary care and treatment of animals, and authorizes the board to
regulate the veterinary care activities of unregistered assistants.
This bill would instead refer to unregistered assistants as
veterinary assistants throughout the act.
Existing law authorizes, until January 1, 2013, 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 specified
circumstances.
This bill would make these provisions operative until January 1,
2015, and would authorize veterinary assistants to administer a
controlled substance only if specified requirements are satisfied,
including completion of a background check. The bill would also
authorize the board to limit veterinary assistants' access to
specified dangerous drugs, as defined.
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 a veterinary 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 a veterinary 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 4826.2 of the Business and Professions Code is
amended to read:
4826.2. Notwithstanding any other provision of law, a
veterinarian, registered veterinary technician, or a veterinary
assistant working under the supervision of a veterinarian, may
provide veterinary care and treatment for any animal restricted
pursuant to Section 2118 of the Fish and Game Code. A veterinarian,
registered veterinary technician, or a veterinary assistant working
under the supervision of a veterinarian, may lawfully possess one or
more of the animals only for the period of time that, in his or her
judgment, veterinary care and treatment are necessary. No
veterinarian, registered veterinary technician, or veterinary
assistant working under the supervision of a veterinarian, has a duty
to advise law enforcement if he or she becomes aware that one or
more of the animals is possessed in the state. For the purposes of
this section, "veterinary care and treatment" does not include
boarding when no veterinary care or treatment is required.
SEC. 3. Section 4833 of the Business and Professions Code is
amended to read:
4833. (a) The committee shall advise and may assist the board in
the examination of applicants for veterinary technician registration.
The examination shall be held at least once a year at the times and
places designated by the board.
(b) The committee may investigate and evaluate each applicant
applying for registration as a registered veterinary technician and
may recommend to the board for final determination the admission of
the applicant to the examination and eligibility for registration.
(c) The committee may make recommendations to the board regarding
the establishment and operation of the continuing education
requirements authorized by Section 4838 of this article.
(d) The committee shall advise and may assist the board in the
inspection and approval of all schools or institutions offering a
curriculum for training registered veterinary technicians.
(e) The committee may advise and assist the board in developing
regulations to establish animal health care tasks and the appropriate
degree of supervision required for those tasks for registered
veterinary technicians and for veterinary assistants.
(f) The committee may advise and assist the board in developing
regulations to define subdivision (c) of Section 4840, including, but
not limited to, procedures for citations and fines, in accordance
with Section 125.9.
(g) This section shall become inoperative on the July 1 following
the initial appointment of a registered veterinary technician to the
board, and on the January 1 following that date is repealed, unless a
later enacted statute, that becomes operative on or before that
January 1, deletes or extends the dates on which it becomes
inoperative and is repealed.
SEC. 4. Section 4836 of the Business and Professions Code is
amended to read:
4836. (a) The board shall adopt regulations establishing animal
health care tasks and an appropriate degree of supervision required
for those tasks that may be performed only by a registered veterinary
technician or a licensed veterinarian.
(b) The board also may adopt regulations establishing animal
health care tasks that may be performed by a veterinary assistant as
well as by a registered veterinary technician or a licensed
veterinarian. The board shall establish an appropriate degree of
supervision by a registered veterinary technician or a licensed
veterinarian over a veterinary assistant for any tasks established
under this subdivision and the degree of supervision for any of those
tasks shall be higher than, or equal to, the degree of supervision
required when a registered veterinary technician performs the task.
(c) The board may adopt regulations, as needed, to define
subdivision (c) of Section 4840, including, but not limited to,
procedures for citations and fines, in accordance with Section 125.9.
SEC. 5. Section 4836.1 of the Business and Professions Code is
amended to read:
4836.1. (a) Notwithstanding any other provision of law, a
registered veterinary technician or a veterinary 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) Access to controlled substances by veterinary assistants under
this section is limited to persons who have undergone a background
check and who, to the best of the licensee manager's knowledge, do
not have any drug or alcohol related felony convictions.
(c) Notwithstanding subdivision (b), if the Veterinary Medical
Board, in consultation with the Board of Pharmacy, identifies a
dangerous drug, as defined in Section 4022, as a drug which has an
established pattern of being diverted, the Veterinary Medical Board
may restrict access to that drug by veterinary assistants.
(d) 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.
(e) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 6. Section 4836.5 of the Business and Professions Code is
amended to read:
4836.5. The board shall take action pursuant to Article 4
(commencing with Section 4875) of this chapter against any
veterinarian licensed or authorized to practice in this state who
permits any registered veterinary technician or veterinary assistant
to perform any animal health care services other than those allowed
by this article.
SEC. 7. Section 4840 of the Business and Professions Code is
amended to read:
4840. (a) Registered veterinary technicians and veterinary
assistants are approved to perform those animal health care services
prescribed by law under the supervision of a veterinarian licensed or
authorized to practice in this state.
(b) Registered veterinary technicians may perform animal health
care services on those animals impounded by a state, county, city, or
city and county agency pursuant to the direct order, written order,
or telephonic order of a veterinarian licensed or authorized to
practice in this state.
(c) Registered veterinary technicians may apply for registration
from the federal Drug Enforcement Administration that authorizes the
direct purchase of sodium pentobarbital for the performance of
euthanasia as provided for in subdivision (d) of Section 4827 without
the supervision or authorization of a licensed veterinarian.
SEC. 8. Section 4840.2 of the Business and Professions Code is
amended to read:
4840.2. Registered veterinary technicians and veterinary
assistants shall not perform the following health care services:
(a) Surgery.
(b) Diagnosis and prognosis of animal diseases.
(c) Prescribing of drugs, medicine, and appliances.
SEC. 9. Section 4840.7 of the Business and Professions Code is
amended to read:
4840.7. (a) A registered veterinary technician who has been
examined by the board in the area of radiation safety and techniques
may operate radiographic equipment under the indirect supervision of
a licensed veterinarian.
(b) (1) A veterinary assistant who has been trained in the area of
radiation safety and techniques may operate radiographic equipment
under the direct supervision of a registered veterinary technician or
a licensed veterinarian.
(2) The responsible managing licensee of a veterinary premises
shall maintain records of the training described in paragraph (1). A
veterinary assistant for whom records of this training do not exist
shall not operate radiographic equipment.
(3) The training records described in paragraph (2) shall be made
available to the board upon request and at the time of any inspection
of the veterinary premises.
SEC. 10. Section 4840.9 of the Business and Professions Code is
amended to read:
4840.9. Registered veterinary technicians and veterinary
assistants may be employed by any veterinarian licensed or authorized
to practice in this state or by any governmental agency which
employs veterinarians. However, the employer must be fully aware of
the provisions of this article as stated by regulations adopted by
the board pursuant to Section 4836.