AB 316, as amended, Maienschein. Veterinarians.
Under existing law, the Veterinary Medical Board licenses and regulates veterinarians and the practice of veterinary medicine. It is unlawful for any person to practice veterinary medicine in this state unless he or she holds a valid, unexpired, and unrevoked license issued by the board, except under specifiedbegin delete circumstances.end deletebegin insert circumstances, including when regularly licensed veterinarians are actually called from other states to attend cases in this state and do not open an office or appoint a place to do business within the state.end insert
This bill would specifically exempt from these licensing requirements a regularly licensed veterinarian who is called from another state by a law enforcement agency, animal control department, or a humane officer to attend to cases that are part of an investigation of an alleged violation of federal or state animal fighting or animal cruelty laws within a single geographic location when the law enforcement agency, animal control department, or humane officer determines that it is necessary to call the veterinarian to conduct the investigation in a timely, efficient, and effective manner.
end insertbegin insertExisting law requires the registration of all premises where veterinary medicine, veterinary dentistry, or veterinary surgery is being practiced. Existing law also requires these premises, and all instruments, apparatus, and apparel used in connection with those practices to be kept clean and sanitary at all times, and to conform to those minimum standards established by the board. Existing law makes it a misdemeanor to violate these provisions regulating the practice of veterinary medicine.
end insertbegin insertThis bill would authorize a regularly licensed veterinarian who is called from another state to attend to cases that are a part of the above described investigation to provide veterinary medical care to animals that are affected by the investigation within a temporary shelter facility and would exempt the temporary shelter facility from the registration requirement if specified conditions are met.
end insertThis bill would make a technical, nonsubstantive change to these provisions.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
Section 4830 of the Business and Professions
2Code is amended to read:
(a) This chapter does not apply to:
4(1) Veterinarians while serving in any armed branch of the
5military service of the United States or the United States
6Department of Agriculture while actually engaged and employed
7in their official capacity.
8(2) Regularly licensed veterinarians in actual consultation from
9other states.
10(3) Regularly licensed veterinarians actually called from other
11states to attend cases in this state, but who do not open an office
12or appoint a place to do business within this state.
13(4) Veterinarians employed by the University of California
14while engaged in the performance of duties in connection with the
15College of Agriculture, the Agricultural Experiment Station, the
16School of Veterinary Medicine, or the agricultural extension work
17of the university or employed by the Western University of Health
18Sciences while engaged in the performance of duties in connection
19with the College of Veterinary Medicine or the agricultural
20extension work of the university.
P3 1(5) Students in the School of Veterinary Medicine of the
2University of California or the College of Veterinary Medicine of
3the Western University of Health Sciences who participate in
4diagnosis and treatment as part of their educational experience,
5including those in off-campus educational programs under the
6direct
supervision of a licensed veterinarian in good standing, as
7defined in paragraph (1) of subdivision (b) of Section 4848,
8appointed by the University of California, Davis, or the Western
9
University of Health Sciences.
10(6) A veterinarian who is employed by the Meat and Poultry
11Inspection Branch of the California Department of Food and
12Agriculture while actually engaged and employed in his or her
13official capacity. A person exempt under this paragraph shall not
14otherwise engage in the practice of veterinary medicine unless the
15person is issued a license by the board.
16(7) Unlicensed personnel employed by the Department of Food
17and Agriculture or the United States Department of Agriculture
18when in the course of their duties they are directed by a veterinarian
19supervisor to conduct an examination, obtain biological specimens,
20apply biological tests, or administer medications or biological
21products as part of government disease or condition monitoring,
22investigation,
control, or eradication activities.
23(b) This section shall become operative on January 1, 2011.
end delete
24(b) (1) For purposes of paragraph (3) of subdivision (a), a
25regularly licensed veterinarian who is called from another state
26by a law enforcement agency, animal control department, as
27defined in Section 31606 of the Food and Agricultural Code, or a
28humane officer appointed pursuant to Section 14502 of the
29Corporations Code, to attend to cases that are a part of an
30investigation of an alleged violation of federal or state animal
31fighting or animal cruelty laws within a single geographic location
32shall be exempt from the
licensing requirements of this chapter
33when the law enforcement agency, animal control department, or
34humane officer determines that it is necessary to call the
35veterinarian in order for the agency or officer to conduct the
36investigation in a timely, efficient, and effective manner. In
37determining whether it is necessary to call a veterinarian from
38another state, consideration shall be given to the availability of
39veterinarians in this state to attend to these cases. An agency,
P4 1department, or officer that calls a veterinarian pursuant to this
2subdivision shall notify the board of this investigation.
3(2) Notwithstanding any other provision of this chapter, a
4regularly licensed veterinarian who is called from another state
5to attend to cases that are a part of an investigation described in
6paragraph (1) may provide veterinary medical care for animals
7that are affected by the investigation within a temporary shelter
8facility, and the temporary
shelter facility shall be exempt from
9the registration requirement of Section 4853 if all of the following
10conditions are met:
11(A) The temporary shelter facility is established only for the
12purposes of the investigation.
13(B) The temporary shelter facility provides veterinary medical
14care, shelter, food, and water only to the animals that are affected
15by the investigation.
16(C) The temporary shelter facility complies with Section 4854.
end insertbegin insert
17(D) A
notice is posted in a conspicuous location near the
18temporary shelter facility to indicate that the facility is in use for
19the veterinary medical care of animals affected by an investigation
20into alleged violations of federal or state laws.
21(E) The temporary shelter facility exists for not more than 60
22days, unless the law enforcement agency, animal control agency,
23or humane officer determines a longer period of time is necessary
24to complete the investigation.
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