AB 316, as amended, Maienschein. Veterinarians: cruelty incidents.
(1) Underend delete
existing law, the Veterinary Medicine Practice Act, 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.
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 delete
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 delete
(2) The Veterinary Medicine Practice Act requires the registration of all premises where veterinary medicine, veterinary dentistry, or veterinary surgery is being practiced. That act 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 delete
This bill would exempt a temporary shelter from that registration requirement if the temporary shelter is established to provide care and shelter to animals seized as a result of a cruelty incident and other specified conditions are met.end delete
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
(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
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.
21(5) Students in the School of Veterinary Medicine of the
22University of California or the College of Veterinary Medicine of
23the Western University of Health Sciences who participate in
24diagnosis and treatment as part of their educational experience,
25including those in off-campus educational programs under the
26direct supervision of a licensed veterinarian in good standing, as
27defined in paragraph (1) of subdivision (b) of Section 4848,
28appointed by the University of California, Davis, or the Western
29 University of Health Sciences.
30(6) A veterinarian who is employed by the Meat and Poultry
31Inspection Branch of the California Department of Food and
32Agriculture while actually engaged and employed in his or her
33official capacity. A person exempt under this paragraph shall not
P4 1otherwise engage in the practice of veterinary medicine unless he
2or she is issued a license by the board.
3(7) Unlicensed personnel employed by the Department of Food
4and Agriculture or the United States Department of Agriculture
5when in the course of their duties they are directed by a veterinarian
6supervisor to conduct an examination, obtain biological specimens,
7apply biological tests, or administer medications or biological
8products as part of government disease or condition monitoring,
9investigation, control, or eradication activities.
17This section shall become operative on January 1, 2011.
Section 900.1 is added to the Business and
19Professions Code, to read:
Notwithstanding any other law, a temporary shelter shall
21be exempt from the premises registration requirements of Chapter
2211 (commencing with Section 4800) if all of the following
23requirements are met:
24(a) The temporary shelter is established to provide care and
25shelter to animals seized as a result of a cruelty incident and only
26provides care and shelter to those animals.
27(b) The temporary shelter is operated by a veterinary health care
28practitioner licensed or certified by, and in good standing in,
29another state, district, or territory of the United States, who is
30deployed to this state by a sponsoring entity pursuant to Section
32(c) The temporary shelter complies with Section 4854.
33(d) The temporary shelter does not operate beyond a
3460-calendar-day period per cruelty incident. If an animal control
35department or state or federal law enforcement agency determines
36that the cruelty incident will exceed the initial 60-calendar-day
37period, the animal control department or state or federal law
38enforcement agency shall grant an extension of that period in
3930-calendar-day increments until the cruelty incident is concluded.
Section 901.1 is added to the Business and Professions
2Code, to read:
(a) For purposes of this section and Section 900.1, the
4following provisions apply:
5(1) “Animal control department” has the meaning set forth in
6Section 31606 of the Food and Agricultural Code.
7(2) “Board” means the Veterinary Medical Board.
8(3) “Cruelty incident” means an alleged violation of a federal
9or state animal fighting or animal cruelty law that involves
10numerous animals and overwhelms the response capabilities of
11California’s veterinary health care practitioners.
12(4) “Sponsoring entity” means a nonprofit organization
13organized pursuant to Section 501(c)(3) of the Internal Revenue
14Code that employs licensed veterinarians.
15(5) “Veterinary health care practitioner” or “practitioner” means
16any person who engages in acts that are subject to licensure or
17regulation under Chapter 11 (commencing with Section 4800).
18(b) In the event of a cruelty incident, and at the request of an
19animal control department or state or federal law enforcement
20agency, a sponsoring entity may operate a temporary shelter to
21provide care to animals seized as a result of a cruelty incident and
22deploy veterinary health care practitioners licensed or certified by,
23and in good standing in, another state, district, or territory of the
24United States to this state to provide the veterinary health care
25services, for which the practitioner is licensed or certified, to the
26animals seized as a result of the cruelty incident. A veterinary
27health care practitioner deployed by a sponsoring entity pursuant
28to this section is exempt from the requirement for licensure under
29this division if all of the following requirements are met:
30(1) Prior to providing services, the practitioner does all of the
32(A) Obtains authorization from the board to be deployed by a
33sponsoring entity after submitting to the board a copy of his or her
34valid license or certificate from each state in which he or she holds
35licensure or certification and a photographic identification issued
36by one of the states in which he or she holds licensure or
37certification. The board shall notify the veterinary health care
38practitioner, within 20 calendar days of receiving a request for
39authorization, whether that request is approved or denied, provided
40that, if the board receives a request for authorization less than 20
P7 1calendar days prior to the date of deployment in response to a
2cruelty incident, the board shall make reasonable efforts to notify
3the sponsoring entity whether that request is approved or denied
4prior to the date of that deployment. Authorization shall expire 12
5months from the date of initial authorization unless the veterinary
6health care practitioner has resubmitted the required information
7for renewal at least 20 calendar days prior to expiration.
8(B) Satisfies the following requirements:
9(i) The veterinary health care practitioner has not committed
10any act or been convicted of a crime constituting grounds for denial
11of licensure or registration under Section 480 and is in good
12standing in each state in which he or she holds licensure or
14(ii) The veterinary health care practitioner has the appropriate
15education and experience to provide veterinary health care services
16to animals seized as a result of a cruelty incident, as determined
17by the board.
18(iii) The veterinary health care practitioner agrees to comply
19with all applicable practice requirements set forth in this division
20and the regulations adopted pursuant to this division.
21(C) Submits to the board, on a form prescribed by the board, a
22request for authorization to practice without a license, and pays a
23 fee, in an amount determined by the board by regulation, which
24shall be available, upon appropriation, to cover the cost of
25developing the authorization process and processing the request.
26(2) The services are provided under all of the following
28(A) Only to animals seized as the result of the cruelty incident.
29(B) On a short-term voluntary basis, not to exceed a
3060-calendar-day period per cruelty incident. If an animal control
31department or state or federal law enforcement agency determines
32that the cruelty incident will exceed the initial 60-calendar-day
33period, the animal control department or state or federal law
34enforcement agency shall grant an extension of that period in
3530-calendar-day increments until the cruelty incident is concluded.
36(C) In association with a sponsoring entity registered with the
37board pursuant to subdivision (d).
38(D) Without charge to the recipient or to a third party on behalf
39of the recipient.
P8 1(c) The board may deny a veterinary health care practitioner
2authorization to practice without a license if the practitioner fails
3to comply with the requirements of this section or for any act that
4would be grounds for denial of an application for licensure.
5(d) A sponsoring entity seeking board approval to deploy
6veterinary health care practitioners to California in order to provide
7veterinary health care services in response to a cruelty incident
8 pursuant to this section shall register with the board by completing
9a registration form that includes all of the following:
10(1) The name of the sponsoring entity.
11(2) The name of the principal individual or individuals who are
12the officers or organizational officials responsible for the operation
13of the sponsoring entity.
14(3) The address, including street, city, ZIP Code, and county,
15of the sponsoring entity’s principal office and each individual listed
16pursuant to paragraph (2).
17(4) The telephone number for the principal office of the
18sponsoring entity and each individual listed pursuant to paragraph
20(5) Any additional information required by the board.
21(e) Within 30 calendar days of the provision of veterinary health
22care services pursuant to this section, the sponsoring entity shall
23file a report with the board. This report shall contain the date,
24place, type, and general description of the care provided, along
25with a listing of the veterinary health care practitioners who
26participated in providing that care.
27(f) The sponsoring entity shall maintain a list of veterinary health
28care practitioners associated with the provision of veterinary health
29care services pursuant to this section. The sponsoring entity shall
30maintain a copy of each veterinary health care practitioner’s current
31license or certification and shall require each veterinary health
32care practitioner to attest in writing that his or her license or
33certificate is not suspended or revoked pursuant to disciplinary
34proceedings in any jurisdiction. The sponsoring entity shall
35maintain these records for a period of at least five years following
36the provision of veterinary health care services pursuant to this
37section and shall, upon request, furnish those records to the board.
38(g) A contract of liability insurance issued, amended, or renewed
39in this state on or after January 1, 2016, shall not exclude coverage
40of a veterinary health care practitioner or a sponsoring entity that
P9 1provides, or arranges for the provision of, veterinary health care
2services pursuant to this section, provided that the practitioner or
3sponsoring entity complies with this section.
4(h) Subdivision (b) shall not be
construed to authorize a
5veterinary health care practitioner to render care outside the scope
6of practice authorized by his or her license or certificate or this
8(i) (1) The board may terminate authorization for a veterinary
9health care practitioner to provide veterinary health care services
10pursuant to this section for failure to comply with this section, any
11applicable practice requirement set forth in this division, any
12regulations adopted pursuant to this division, or for any act that
13would be grounds for discipline if done by a licensee.
14(2) If the board terminates authorization, the board shall provide
15both the sponsoring entity and the veterinary health care
16practitioner with a written notice of termination including the basis
17for that termination. The veterinary health care practitioner may,
18within 30 days after the date of the receipt of notice of termination,
19file a written appeal to the board. The appeal shall include any
20documentation the veterinary health care practitioner wishes to
21present to the board.
22(3) A veterinary health care practitioner whose authorization to
23provide veterinary health care services pursuant to this section has
24been terminated shall not provide veterinary health care services
25pursuant to this section unless and until a subsequent request for
26authorization has been approved by the board. A veterinary health
27care practitioner who provides veterinary health care services in
28violation of this paragraph shall be deemed to be practicing
29veterinary health care in violation of the applicable provisions of
30this division, and be subject to any applicable administrative, civil,
31or criminal fines, penalties, and other sanctions provided in this