BILL ANALYSIS Ó
AB 2304
Page 1
Date of Hearing: April 17, 2012
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
AB 2304 (Garrick) - As Introduced: February 24, 2012
SUBJECT : Pets: cosmetic teeth cleaning.
SUMMARY : Amends the practice of veterinary medicine to exempt
cosmetic teeth cleaning. Specifically, this bill :
1)Provides that the definition of "dental operation" does not
include a service whereby a person utilized 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.
2)Provides that a signed and dated form similarly substantial to
the following constitutes 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."
EXISTING LAW :
1)Provides for licensing of veterinarians by the Veterinary
Medical Board (VMB).
2)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.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal.
COMMENTS :
Purpose of this bill . According to the author, "This bill seeks
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to clarify existing law to protect a valued 32 year old
California industry which employs more than 800 small business
professionals, and which has a proven track record of providing
effective teeth cleanings which protects pets from the dangers
of using general anesthesia.
"32 years and nearly 3.8 million cleanings later, this cosmetic
teeth cleaning industry has proven safe, effective, and a valued
small business contributor to our California economy."
Background . Veterinary dentistry and all of its subdivisions is
considered the practice of veterinary medicine. Current statute
does not define "dental operation" or "veterinary dentistry".
This is not unusual in a legislative regulatory scheme as
leaving these types of words undefined permits the regulatory
agency, together with the input of the regulated licensees, to
set the parameters of permitted and unpermitted conduct.
However, including "dental operation" and "veterinary dentistry"
establish the scope of practice of a licensed veterinarian and
exclude all others from performing these functions.
In human dentistry, the Legislature also did not specifically
define what constitutes a dental "operation." However, in the
human dentistry act, statute clarifies that "scaling," both
subgingival (below the gum line) and supragingival (above the
gum line) is precluded to all but licensed dentists, registered
dental hygienists, and registered dental hygienists in extended
practice.
The VMB has determined that the use of a scaler is the practice
of veterinary medicine. Accordingly, VMB is currently
promulgating regulations to include the term "scaler" into the
definition of "dental operation" to prevent its use by
unlicensed individuals that are not under the supervision of a
California licensed veterinarian. This bill would nullify these
pending regulations.
LC Opinion . LC prepared an opinion in 1990 related to animal
dental operations under the scope of veterinary medicine
(Business and Professions Code section 4826). LC opined, "?We
are of the opinion that Section 4826 would operate so as to
require the licensure as a veterinarian of a person using an
instrument including a hand scaler, ultrasonic devise or
motorized polisher in order to remove plaque, tartar, stains, or
other substances above or below the gumline of dogs and cats to
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the extent that the procedure is invasive or, where the
procedure is noninvasive, to the extent the procedure requires
more than ordinary skill and knowledge to accomplish its
purpose; or to the extent that it involves the treatment of
disease."
Support . Canine Care, Inc. writes in support, "When any of us
goes to the dentist to have our own teeth cleaned, it is done by
a dental hygienist and not the dentist. Some dental hygienists
can even clean teeth under their own license and without any
supervision by the dentist at all. If these unsupervised
cleanings are allowed for humans, then why not for animals?
Veterinarians shouldn't have a monopoly on cleaning pets' teeth
just to line their own pockets with profits (at $300 - $800 per
$42 hard-cost cleaning).
"The benefits for these cosmetic teeth cleaning services for
pets are numerous, including the monthly teeth brushing service
which improves dental health for pets. At just a fraction of
the price which a veterinarian would charge, plus not having to
unnecessarily use general anesthesia which endangers the health
of my pet, cosmetic teeth cleaning remains a safe, effective,
and easily affordable service for pets which out to be
protected.
AB 2304 has reasonable built-in consumer protections which let
consumers know about what cosmetic teeth cleaning does and
doesn't cover, and it even encourages pet owners to seek care
from a veterinarian for any health concerns they may have about
their pet."
Opposition . The VMB writes in opposition, "First, teeth scaling
in animals is not as simple as teeth scaling in humans, a
practice that no one would begin to argue should be deregulated.
Mostly, humans volunteer to have their teeth cleaned, however,
in those instances when combative children or scared adults are
concerned, the legislature has provided for the use of
anesthesia and sedation by licensed dentists. Animals, on the
other hand, do not volunteer for teeth cleaning. Many will
fight and bite to avoid having a person's hands and instruments
placed into their mouths risking injury to the person and the
animal. Clearly, it is imperative that the practice of
veterinary dentistry be done by a licensed veterinarian or a
person under the supervision of a licensed veterinarian.
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"Second, scalers and likely many of the other unknown
'non-motorized' tools that would be exempted from all oversight
(a hammer and screwdriver would not be illegal under this
exemption), have to be very sharp to remove plaque and tarter
buildup. Together with animal aversion to having hands and
tools in their mouths, the presence of very sharp objects can,
and will, lead to serious injury of the animal and the person
performing the procedures.
"The sponsor of this bill will tell you that there is 'no
evidence' that any animal has ever been harmed by an unlicensed
person performing a 'cosmetic' teeth cleaning. However, the
fact that consumers may be afraid to come forward, don't know
they can report animal injuries to the VMB because the person is
unlicensed, or otherwise do not make reports does not equate to
no animal ever having been injured.
"The sponsor's statements also fail to take into consideration
all of the consumers who have been misled into believing that
the services offered are enough to address all of their pets
oral health needs and then later come to find that their
companion animals may have been needlessly suffering pain and
may now need very costly veterinary care.
"The proposed exemption is very broad and would allow anyone,
anytime using any instruments to open a business scaling tartar
off the teeth of animals. VMB is very concerned that this would
result in much harm to animals statewide."
REGISTERED SUPPORT / OPPOSITION :
Support
Anesthesia-Free Teeth Cleaners Association
Canine Care, Inc.
CalSmallBiz
My Pet Naturally Clean
Pet Owner's Rights
Multiple individuals
Opposition
Abel Pet Clinic
Adobe Animal Hospital
Alameda Pet Hospital
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All Creatures Care Cottage Veterinarian Hospital
All Tails Wagging Veterinary Clinic
All Valley Pet Hospital
Ardenwood Pet Hospital
Banfield Pet Hospital
Bay Cities Pet Hospital
Beach-Garfield Veterinary Hospital
Blue Cross Pet Hospital
Bollinger Canyon Animal Hospital
Bristol Animal Hospital
California Dog & Cat Hospital
California Registered Veterinary Technicians Association
California Veterinary Medical Association
California Veterinary Medical Board
Camino Alto Veterinary Hospital and Wellness Center
Camino Real Pet Clinic
Caring Hands Pet Clinic
Companion Animal Clinic
Cordova Veterinary Hospital
Country Hills Animal Clinic
Crenshaw Animal Hospital & Cat Clinic
Desert Hot Springs Animal Clinic
East/West Veterinary Clinic
Fall River Veterinary Hospital, Inc.
Fresno Veterinary Specialty & Emergency Center
Irvington Pet Hospital
La Costa Animal Hospital
Laguna Hills Animal Hospital
Lake Murray Village Veterinary Clinic Inc.
Mission Animal Hospital
Monarch Veterinary Hospital
Mt. Shasta Animal Hospital
Myrtle Avenue Veterinary Hospital
Newport Harbor Animal Hospital
Oak Park Veterinary Clinic
Orcutt Veterinary Hospital
Pacific Crest Equine
Pensaquitos Pet Clinic
Pet Emergency & Specialty Center of Marin
Pet Hospital
Presidio Veterinary Hospital
Rancho Viejo Animal Hospital
San Diego County Veterinary Medical Association
San Francisco Veterinary Housecalls, Inc.
San Francisco Veterinary Medical Association
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Santa Barbara Veterinary Group
Santa Paula Animal Clinic, Inc.
Scotts Valley Veterinary Clinic, Inc.
Seven Hills Veterinary Hospital
Shenandoah Valley Veterinary Clinic
Sierra View Animal Hospital
Sonoma-Marin Veterinary Service
South Coast Veterinary Hospital
Southern California Veterinary Medical Association
State Humane Association of California
Sunset-Whitney Veterinary Hospital
Tarzana Pet Clinic
The Cat Care Clinic
The Cat Hospital
Valley Animal Hospital
Waterhouse Animal Hospital
West Main Animal Hospital
Woodland Veterinary Hospital
Woodside Veterinary Clinic
Multiple individuals
Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916)
319-3301