BILL NUMBER: AB 316 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 2, 2015
PASSED THE ASSEMBLY SEPTEMBER 3, 2015
AMENDED IN SENATE SEPTEMBER 1, 2015
AMENDED IN SENATE JUNE 30, 2015
AMENDED IN ASSEMBLY APRIL 23, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Maienschein
FEBRUARY 13, 2015
An act to amend Section 4830 of the Business and Professions Code,
relating to veterinarians.
LEGISLATIVE COUNSEL'S DIGEST
AB 316, Maienschein. Veterinarians: cruelty incidents.
Under 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.
This bill would further specify, for purposes of that provision,
that a regularly licensed veterinarian in good standing who is called
from another state by a law enforcement agency or animal control
agency to attend to cases that are a part of an investigation of an
alleged violation of federal or state animal fighting or animal
cruelty laws within a single geographic location shall be exempt from
specified licensing requirements if the agency determines that it is
necessary to call the veterinarian in order to conduct the
investigation, as specified. The bill would require an agency,
department, or officer that calls a veterinarian pursuant to these
provisions to notify the board of the investigation. The bill would
also authorize a veterinarian who is called from another state to
care for animals that are affected by an investigation with a
temporary shelter facility established only for the purpose of the
investigation, which would be exempt from specified registration
requirements if it meets specified conditions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4830 of the Business and Professions Code is
amended to read:
4830. (a) This chapter does not apply to:
(1) Veterinarians while serving in any armed branch of the
military service of the United States or the United States Department
of Agriculture while actually engaged and employed in their official
capacity.
(2) Regularly licensed veterinarians in actual consultation from
other states.
(3) Regularly licensed veterinarians actually called from other
states to attend cases in this state, but who do not open an office
or appoint a place to do business within this state.
(4) Veterinarians employed by the University of California while
engaged in the performance of duties in connection with the College
of Agriculture, the Agricultural Experiment Station, the School of
Veterinary Medicine, or the agricultural extension work of the
university or employed by the Western University of Health Sciences
while engaged in the performance of duties in connection with the
College of Veterinary Medicine or the agricultural extension work of
the university.
(5) Students in the School of Veterinary Medicine of the
University of California or the College of Veterinary Medicine of the
Western University of Health Sciences who participate in diagnosis
and treatment as part of their educational experience, including
those in off-campus educational programs under the direct supervision
of a licensed veterinarian in good standing, as defined in paragraph
(1) of subdivision (b) of Section 4848, appointed by the University
of California, Davis, or the Western University of Health Sciences.
(6) A veterinarian who is employed by the Meat and Poultry
Inspection Branch of the California Department of Food and
Agriculture while actually engaged and employed in his or her
official capacity. A person exempt under this paragraph shall not
otherwise engage in the practice of veterinary medicine unless he or
she is issued a license by the board.
(7) Unlicensed personnel employed by the Department of Food and
Agriculture or the United States Department of Agriculture when in
the course of their duties they are directed by a veterinarian
supervisor to conduct an examination, obtain biological specimens,
apply biological tests, or administer medications or biological
products as part of government disease or condition monitoring,
investigation, control, or eradication activities.
(b) (1) For purposes of paragraph (3) of subdivision (a), a
regularly licensed veterinarian in good standing who is called from
another state by a law enforcement agency or animal control agency,
as defined in Section 31606 of the Food and Agricultural Code, to
attend to cases that are a part of an investigation of an alleged
violation of federal or state animal fighting or animal cruelty laws
within a single geographic location shall be exempt from the
licensing requirements of this chapter if the law enforcement agency
or animal control agency determines that it is necessary to call the
veterinarian in order for the agency or officer to conduct the
investigation in a timely, efficient, and effective manner. In
determining whether it is necessary to call a veterinarian from
another state, consideration shall be given to the availability of
veterinarians in this state to attend to these cases. An agency,
department, or officer that calls a veterinarian pursuant to this
subdivision shall notify the board of the investigation.
(2) Notwithstanding any other provision of this chapter, a
regularly licensed veterinarian in good standing who is called from
another state to attend to cases that are a part of an investigation
described in paragraph (1) may provide veterinary medical care for
animals that are affected by the investigation with a temporary
shelter facility, and the temporary shelter facility shall be exempt
from the registration requirement of Section 4853 if all of the
following conditions are met:
(A) The temporary shelter facility is established only for the
purpose of the investigation.
(B) The temporary shelter facility provides veterinary medical
care, shelter, food, and water only to animals that are affected by
the investigation.
(C) The temporary shelter facility complies with Section 4854.
(D) The temporary shelter facility exists for not more than 60
days, unless the law enforcement agency or animal control agency
determines that a longer period of time is necessary to complete the
investigation.
(E) Within 30 calendar days upon completion of the provision of
veterinary health care services at a temporary shelter facility
established pursuant to this section, the veterinarian called from
another state by a law enforcement agency or animal control agency to
attend to a case shall file a report with the board. The report
shall contain the date, place, type, and general description of the
care provided, along with a listing of the veterinary health care
practitioners who participated in providing that care.
(c) For purposes of paragraph (3) of subdivision (a), the board
may inspect temporary facilities established pursuant to this
section.