BILL NUMBER: SB 697 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Negrete McLeod
FEBRUARY 18, 2011
An act to amend Sections 4826 and 4875.1 of the Business and
Professions Code, relating to veterinary medicine.
LEGISLATIVE COUNSEL'S DIGEST
SB 697, as introduced, Negrete McLeod. Veterinary medicine.
Existing law, the Veterinary Medicine Practice Act, provides for
the licensure and registration of veterinarians and registered
veterinary technicians by the Veterinary Medical Board and makes a
violation of the act a crime.
Under existing law, a person practices veterinary medicine when he
or she, among other things, represents himself or herself as engaged
in the practice of veterinary medicine.
This bill would additionally provide that a person practices
veterinary medicine when he or she advertises himself or herself as
engaged in the practice of veterinary medicine.
Existing law makes it unlawful for any person to practice
veterinary medicine without a license and prohibits a person from
using the title "registered veterinary technician" unless he or she
has satisfied the requirements for registration. Existing law
requires the board to prioritize its investigative and prosecutorial
resources to ensure that disciplinary cases against veterinarians and
registered veterinary technicians are handled expeditiously.
This bill would additionally require the board to prioritize its
resources to ensure that cases against unlicensed and unregistered
persons and any person aiding and abetting these unlicensed and
unregistered persons, as specified, are brought in a similar manner.
By changing the definition of a crime, the bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
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 Advertises or 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.
(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 4875.1 of the Business and Professions Code is
amended to read:
4875.1. (a) In order to ensure that its resources are maximized
for the protection of the public, the board shall prioritize its
investigative and prosecutorial resources to ensure that
veterinarians and registered veterinary technicians , and
unlicensed persons acting as veterinarians, unregistered persons
acting as registered veterinary technicians, and any person aiding
and abetting these unlicensed or unregistered persons,
representing the greatest threat of harm are identified and
disciplined expeditiously. Cases involving any of the following
allegations shall be handled on a priority basis, as follows, with
the highest priority being given to cases in paragraph (1):
(1) Negligence or incompetence that involves death or serious
bodily injury to an animal patient, such that the veterinarian
or , registered veterinary technician
, or unlicensed person represents a danger to the public.
(2) Cruelty to animals.
(3) A conviction or convictions for a criminal charge or charges
or being subject to a felony criminal proceeding without
consideration of the outcome of the proceeding.
(4) Practicing veterinary medicine while under the influence of
drugs or alcohol.
(5) Drug or alcohol abuse by a veterinarian or registered
veterinary technician involving death or serious bodily injury to an
animal patient or to the public.
(6) Self-prescribing of any dangerous drug, as defined in Section
4022, or any controlled substance, as defined in Section 4021.
(7) Repeated acts of excessive prescribing, furnishing, or
administering of controlled substances, as defined in Section 4021,
or repeated acts of prescribing, dispensing, or furnishing of
controlled substances, as defined in Section 4021, without having
first established a veterinarian-client-patient relationship pursuant
to Section 2032.1 of Title 16 of the California Code of Regulations.
(8) Extreme departures from minimum sanitary conditions such that
there is a threat to an animal patient or the public and animal
health and safety, only if the case has already been subject to
Section 494 and board action.
(b) The board may prioritize cases involving an allegation of
conduct that is not described in subdivision (a). Those cases
prioritized shall not be assigned a priority equal to or higher than
the priorities established in subdivision (a).
(c) The board shall annually report and make publicly available
the number of disciplinary actions that are taken in each priority
category specified in subdivisions (a) and (b).
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.