BILL NUMBER: AB 2304	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Garrick

                        FEBRUARY 24, 2012

   An act to amend Section 4826 of the Business and Professions Code,
relating to veterinary medicine.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2304, as introduced, Garrick. Pets: cosmetic teeth cleaning.
   Existing law provides for licensing of veterinarians by the
Veterinary Medical Board. Existing law provides that a person is
practicing veterinary medicine, surgery, and dentistry when engaged
in various actions and procedures with respect to animals, including
the performance of a surgical or dental operation.
   This bill would provide that "dental operation" for these purposes
does not include a service whereby a person utilizes nonmotorized
instruments to remove calculus, soft deposits, plaque, or stains from
an exposed area of a household pet's tooth above the gum line,
provided that the service is performed exclusively for cosmetic
purposes and the person performing the service first obtains written
permission from the person requesting the service.
   Vote: majority. Appropriation: no. Fiscal committee: 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. 
As used in this subdivision, "dental operation" does not include a
service whereby a person utilizes nonmotorized instruments,
including, but not limited   to, a scaler, to remove
calculus, soft deposits, plaque, or stains from an exposed area of a
household pet's tooth above the gum line, provided that the service
is performed exclusively for cosmetic purposes and the person
performing the service first obtains written permission from the
person requesting the service. Completion of a form substantially in
compliance with the following shall constitute the giving of written
permission: 

   "I hereby give permission to ____ to clean my pet's teeth. I
understand that this is a cosmetic procedure involving only that
portion of the teeth that is exposed above the gum line, and is not
intended to treat disease of the teeth or gums or as a substitute for
regular veterinary dental care:  
   Pet's name: ____  
   Owner's name (or name of person requesting service): ___ 

   Signature:___  
   Date:___" 

   (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.