Amended in Senate June 30, 2015

Amended in Assembly April 23, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 316


Introduced by Assembly Member Maienschein

February 13, 2015


An act tobegin delete amend Section 4830 ofend deletebegin insert add Sections 900.1 and 901.1 toend insert the Business and Professions Code, relating to veterinarians.

LEGISLATIVE COUNSEL’S DIGEST

AB 316, as amended, Maienschein. begin deleteVeterinarians. end deletebegin insertVeterinarians: cruelty incidents.end insert

begin delete

Under

end delete

begin insert(1)end insertbegin insertend insertbegin insertUnderend insert existing law,begin insert the Veterinary Medicine Practice Act,end insert 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 specified 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.

begin delete

This bill would specifically exempt from these licensing requirements a regularly licensed veterinarian in good standing 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 delete
begin insert

Existing law exempts a health care practitioner licensed in another state or territory of the United States, who offers or provides health care for which he or she is licensed, from medical professional licensing requirements if the health care is provided only during a state of emergency upon the request of the Director of the Emergency Medical Services Authority, or if the practitioner is authorized by the relevant licensing board to participate in an event through which health care is provided to the public without compensation to the practitioner and other specified requirements are met.

end insert
begin insert

This bill would authorize a sponsoring entity, as defined, to operate a temporary shelter to provide care to animals seized as a result of a cruelty incident, as defined, and deploy veterinary health care practitioners, as defined, licensed or certified by, and in good standing in, another state, district, or territory of the United States to this state to provide the veterinary health care services, for which the practitioner is licensed or certified, to the animals seized as a result of the cruelty incident. The bill would exempt a veterinary health care practitioner deployed by the sponsoring entity from medical professional licensing requirements if the practitioner receives authorization from the Veterinary Medical Board and other specified requirements are met.

end insert
begin delete

Existing law

end delete

begin insert(2)end insertbegin insertend insertbegin insertThe Veterinary Medicine Practice Actend insert requires the registration of all premises where veterinary medicine, veterinary dentistry, or veterinary surgery is being practiced.begin delete Existing lawend deletebegin insert That actend insert 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.

This bill wouldbegin delete authorize a regularly licensed veterinarian in good standing 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 theend deletebegin insert exempt a temporary shelter from thatend insert registration requirement ifbegin insert the temporary shelter is established to provide care and shelter to animals seized as a result of a cruelty incident and otherend insert specified conditions are met.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 900.1 is added to the end insertbegin insertBusiness and
2Professions Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert900.1.end insert  

Notwithstanding any other law, a temporary shelter
4shall be exempt from the premises registration requirements of
5Chapter 11 (commencing with Section 4800) if all of the following
6requirements are met:

7(a) The temporary shelter is established to provide care and
8shelter to animals seized as a result of a cruelty incident and only
9provides care and shelter to those animals.

10(b) The temporary shelter is operated by a veterinary health
11care practitioner licensed or certified by, and in good standing in,
12another state, district, or territory of the United States, who is
13deployed to this state by a sponsoring entity pursuant to Section
14901.1.

15(c) The temporary shelter complies with Section 4854.

16(d) The temporary shelter does not operate beyond a
1760-calendar-day period per cruelty incident. If an animal control
18department or state or federal law enforcement agency determines
19that the cruelty incident will exceed the initial 60-calendar-day
20period, the animal control department or state or federal law
21enforcement agency shall grant an extension of that period in
2230-calendar-day increments until the cruelty incident is concluded.

end insert
23begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 901.1 is added to the end insertbegin insertBusiness and Professions
24Code
end insert
begin insert, to read:end insert

begin insert
25

begin insert901.1.end insert  

(a) For purposes of this section and Section 900.1, the
26following provisions apply:

27(1) “Animal control department” has the meaning set forth in
28Section 31606 of the Food and Agricultural Code.

29(2) “Board” means the Veterinary Medical Board.

30(3) “Cruelty incident” means an alleged violation of a federal
31or state animal fighting or animal cruelty law that involves
32numerous animals and overwhelms the response capabilities of
33California’s veterinary health care practitioners.

P4    1(4) “Sponsoring entity” means a nonprofit organization
2organized pursuant to Section 501(c)(3) of the Internal Revenue
3Code that employs licensed veterinarians.

4(5) “Veterinary health care practitioner” or “practitioner”
5means any person who engages in acts that are subject to licensure
6or regulation under Chapter 11 (commencing with Section 4800).

7(b) In the event of a cruelty incident, and at the request of an
8animal control department or state or federal law enforcement
9agency, a sponsoring entity may operate a temporary shelter to
10provide care to animals seized as a result of a cruelty incident and
11deploy veterinary health care practitioners licensed or certified
12by, and in good standing in, another state, district, or territory of
13the United States to this state to provide the veterinary health care
14services, for which the practitioner is licensed or certified, to the
15animals seized as a result of the cruelty incident. A veterinary
16health care practitioner deployed by a sponsoring entity pursuant
17to this section is exempt from the requirement for licensure under
18this division if all of the following requirements are met:

19(1) Prior to providing services, the practitioner does all of the
20following:

21(A) Obtains authorization from the board to be deployed by a
22sponsoring entity after submitting to the board a copy of his or
23her valid license or certificate from each state in which he or she
24holds licensure or certification and a photographic identification
25issued by one of the states in which he or she holds licensure or
26certification. The board shall notify the veterinary health care
27practitioner, within 20 calendar days of receiving a request for
28authorization, whether that request is approved or denied, provided
29that, if the board receives a request for authorization less than 20
30calendar days prior to the date of deployment in response to a
31cruelty incident, the board shall make reasonable efforts to notify
32the sponsoring entity whether that request is approved or denied
33prior to the date of that deployment. Authorization shall expire 12
34months from the date of initial authorization unless the veterinary
35health care practitioner has resubmitted the required information
36for renewal at least 20 calendar days prior to expiration.

37(B) Satisfies the following requirements:

38(i) The veterinary health care practitioner has not committed
39any act or been convicted of a crime constituting grounds for denial
40of licensure or registration under Section 480 and is in good
P5    1standing in each state in which he or she holds licensure or
2certification.

3(ii) The veterinary health care practitioner has the appropriate
4education and experience to provide veterinary health care services
5to animals seized as a result of a cruelty incident, as determined
6by the board.

7(iii) The veterinary health care practitioner agrees to comply
8with all applicable practice requirements set forth in this division
9and the regulations adopted pursuant to this division.

10(C) Submits to the board, on a form prescribed by the board, a
11request for authorization to practice without a license, and pays
12a fee, in an amount determined by the board by regulation, which
13shall be available, upon appropriation, to cover the cost of
14developing the authorization process and processing the request.

15(2) The services are provided under all of the following
16circumstances:

17(A) Only to animals seized as the result of the cruelty incident.

18(B) On a short-term voluntary basis, not to exceed a
1960-calendar-day period per cruelty incident. If an animal control
20department or state or federal law enforcement agency determines
21that the cruelty incident will exceed the initial 60-calendar-day
22period, the animal control department or state or federal law
23enforcement agency shall grant an extension of that period in
2430-calendar-day increments until the cruelty incident is concluded.

25(C) In association with a sponsoring entity registered with the
26board pursuant to subdivision (d).

27(D) Without charge to the recipient or to a third party on behalf
28of the recipient.

29(c) The board may deny a veterinary health care practitioner
30authorization to practice without a license if the practitioner fails
31to comply with the requirements of this section or for any act that
32would be grounds for denial of an application for licensure.

33(d) A sponsoring entity seeking board approval to deploy
34veterinary health care practitioners to California in order to
35provide veterinary health care services in response to a cruelty
36incident pursuant to this section shall register with the board by
37completing a registration form that includes all of the following:

38(1) The name of the sponsoring entity.

P6    1(2) The name of the principal individual or individuals who are
2the officers or organizational officials responsible for the operation
3of the sponsoring entity.

4(3) The address, including street, city, ZIP Code, and county,
5of the sponsoring entity’s principal office and each individual
6listed pursuant to paragraph (2).

7(4) The telephone number for the principal office of the
8sponsoring entity and each individual listed pursuant to paragraph
9(2).

10(5) Any additional information required by the board.

11(e) Within 30 calendar days of the provision of veterinary health
12care services pursuant to this section, the sponsoring entity shall
13file a report with the board. This report shall contain the date,
14place, type, and general description of the care provided, along
15with a listing of the veterinary health care practitioners who
16participated in providing that care.

17(f) The sponsoring entity shall maintain a list of veterinary
18health care practitioners associated with the provision of veterinary
19health care services pursuant to this section. The sponsoring entity
20shall maintain a copy of each veterinary health care practitioner’s
21current license or certification and shall require each veterinary
22health care practitioner to attest in writing that his or her license
23or certificate is not suspended or revoked pursuant to disciplinary
24proceedings in any jurisdiction. The sponsoring entity shall
25maintain these records for a period of at least five years following
26the provision of veterinary health care services pursuant to this
27section and shall, upon request, furnish those records to the board.

28(g) A contract of liability insurance issued, amended, or renewed
29in this state on or after January 1, 2016, shall not exclude coverage
30of a veterinary health care practitioner or a sponsoring entity that
31provides, or arranges for the provision of, veterinary health care
32services pursuant to this section, provided that the practitioner or
33sponsoring entity complies with this section.

34(h) Subdivision (b) shall not be construed to authorize a
35veterinary health care practitioner to render care outside the scope
36of practice authorized by his or her license or certificate or this
37division.

38(i) (1)   The board may terminate authorization for a veterinary
39health care practitioner to provide veterinary health care services
40pursuant to this section for failure to comply with this section, any
P7    1applicable practice requirement set forth in this division, any
2regulations adopted pursuant to this division, or for any act that
3would be grounds for discipline if done by a licensee.

4(2) If the board terminates authorization, the board shall provide
5both the sponsoring entity and the veterinary health care
6practitioner with a written notice of termination including the
7basis for that termination. The veterinary health care practitioner
8may, within 30 days after the date of the receipt of notice of
9termination, file a written appeal to the board. The appeal shall
10include any documentation the veterinary health care practitioner
11wishes to present to the board.

12(3) A veterinary health care practitioner whose authorization
13to provide veterinary health care services pursuant to this section
14has been terminated shall not provide veterinary health care
15services pursuant to this section unless and until a subsequent
16request for authorization has been approved by the board. A
17veterinary health care practitioner who provides veterinary health
18care services in violation of this paragraph shall be deemed to be
19practicing veterinary health care in violation of the applicable
20provisions of this division, and be subject to any applicable
21administrative, civil, or criminal fines, penalties, and other
22sanctions provided in this division.

end insert
begin delete
23

SECTION 1.  

Section 4830 of the Business and Professions
24Code
is amended to read:

25

4830.  

(a) This chapter does not apply to:

26(1) Veterinarians while serving in any armed branch of the
27military service of the United States or the United States
28Department of Agriculture while actually engaged and employed
29in their official capacity.

30(2) Regularly licensed veterinarians in actual consultation from
31other states.

32(3) Regularly licensed veterinarians in good standing actually
33called from other states to attend cases in this state, but who do
34not open an office or appoint a place to do business within this
35state.

36(4) Veterinarians employed by the University of California
37while engaged in the performance of duties in connection with the
38College of Agriculture, the Agricultural Experiment Station, the
39School of Veterinary Medicine, or the agricultural extension work
40of the university or employed by the Western University of Health
P8    1Sciences while engaged in the performance of duties in connection
2with the College of Veterinary Medicine or the agricultural
3extension work of the university.

4(5) Students in the School of Veterinary Medicine of the
5University of California or the College of Veterinary Medicine of
6the Western University of Health Sciences who participate in
7diagnosis and treatment as part of their educational experience,
8including those in off-campus educational programs under the
9direct supervision of a licensed veterinarian in good standing, as
10defined in paragraph (1) of subdivision (b) of Section 4848,
11appointed by the University of California, Davis, or the Western
12 University of Health Sciences.

13(6) A veterinarian who is employed by the Meat and Poultry
14Inspection Branch of the California Department of Food and
15Agriculture while actually engaged and employed in his or her
16official capacity. A person exempt under this paragraph shall not
17otherwise engage in the practice of veterinary medicine unless the
18person is issued a license by the board.

19(7) Unlicensed personnel employed by the Department of Food
20and Agriculture or the United States Department of Agriculture
21when in the course of their duties they are directed by a veterinarian
22supervisor to conduct an examination, obtain biological specimens,
23apply biological tests, or administer medications or biological
24products as part of government disease or condition monitoring,
25investigation, control, or eradication activities.

26(b) (1) For purposes of paragraph (3) of subdivision (a), a
27regularly licensed veterinarian in good standing who is called from
28another state by a law enforcement agency, animal control
29department, as defined in Section 31606 of the Food and
30Agricultural Code, or a humane officer appointed pursuant to
31Section 14502 of the Corporations Code, to attend to cases that
32are a part of an investigation of an alleged violation of federal or
33state animal fighting or animal cruelty laws within a single
34geographic location shall be exempt from the licensing
35requirements of this chapter when the law enforcement agency,
36animal control department, or humane officer determines that it is
37necessary to call the veterinarian in order for the agency or officer
38to conduct the investigation in a timely, efficient, and effective
39manner. In determining whether it is necessary to call a veterinarian
40from another state, consideration shall be given to the availability
P9    1of veterinarians in this state to attend to these cases. An agency,
2department, or officer that calls a veterinarian pursuant to this
3subdivision shall notify the board of this investigation.

4(2) Notwithstanding any other provision of this chapter, a
5regularly licensed veterinarian in good standing who is called from
6another state to attend to cases that are a part of an investigation
7described in paragraph (1) may provide veterinary medical care
8for animals that are affected by the investigation within a temporary
9 shelter facility, and the temporary shelter facility shall be exempt
10from the registration requirement of Section 4853 if all of the
11following conditions are met:

12(A) The temporary shelter facility is established only for the
13purposes of the investigation.

14(B) The temporary shelter facility provides veterinary medical
15care, shelter, food, and water only to the animals that are affected
16by the investigation.

17(C) The temporary shelter facility complies with Section 4854.

18(D) A notice is posted in a conspicuous location near the
19temporary shelter facility to indicate that the facility is in use for
20the veterinary medical care of animals affected by an investigation
21into alleged violations of federal or state laws.

22(E) The temporary shelter facility exists for not more than 60
23days, unless the law enforcement agency, animal control agency,
24or humane officer determines a longer period of time is necessary
25to complete the investigation.

end delete


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