BILL ANALYSIS                                                                                                                                                                                                    



          SENATE COMMITTEE ON
          BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
                              Senator Jerry Hill, Chair
                                2015 - 2016  Regular 

          Bill No:            AB 316          Hearing Date:    July 6,  
          2015
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          |Author:   |Maienschein                                           |
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          |Version:  |June 30, 2015    Amended                              |
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          |Urgency:  |No                     |Fiscal:    |Yes              |
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          |Consultant|Bill Gage                                             |
          |:         |                                                      |
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                     Subject:  Veterinarians: cruelty incidents.


          SUMMARY:  Exempts from state licensure veterinary health care  
          practitioners who are licensed or certified in good standing  
          from another state and who offer veterinary services in the  
          event of a "cruelty incident," as defined, and allows the  
          sponsoring entity to operate a temporary shelter in order to  
          provide care to animals seized as a result of a cruelty  
          incident.

          Existing law, the Business and Professions Code (BPC):
          
         1)Establishes the Veterinary Medical Board (VMB) within the  
            Department of Consumer Affairs for the purpose of  
            administering the Veterinary Practice Act (Act).  


         (BPC  4800 et seq.) 
         2)States that it is unlawful for any person to practice  
            veterinary medicine in California without a valid, unexpired  
            or unrevoked license, as specified.  (BPC  4825)


         3)Requires all veterinarians, actually engaged and employed by  
            the state, or a county, city, corporation, firm or individual  
            practicing veterinary medicine, to secure a license issued by  
            the VMB.  (BPC  4828)








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         4)Exempts the following from the provisions of the Act:  


             a)   Veterinarians while serving in any armed branch of the  
               military service of the United States or the U.S.  
               Department of Agriculture (USDA) while actually engaged and  
               employed in their official capacity;


             b)   Regularly licensed veterinarians in actual consultation  
               from other states;


             c)   Regularly licensed veterinarians actually called from  
               other states to attend cases in this state, but do not open  
               an office or appoint a place to do business;


             d)   Veterinarians employed by the University of California,  
               as specified;


             e)   Students in the school of veterinary medicine of the  
               University of California or the College of Western  
               University of Health Sciences, as specified;


             f)   A veterinarian who is employed by the Meat and Poultry  
               Inspection Branch of the California Department of Food and  
               Agriculture (CDFA) while actually engaged and employed in  
               his or her official capacity; or,


             g)   Unlicensed personnel employed by the CDFA or the USDA,  
               as specified.     (BPC  4830)


         5)Requires the VMB to establish a regular inspection program that  
            will provide for random, unannounced inspections and that the  
            VMB shall make every effort to inspect at least 20 percent of  
            veterinary premises on an annual basis.  
         (BPC  4809.7)









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         6)Requires that all premises where veterinary medicine,  
            veterinary dentistry, veterinary surgery and the various  
            branches thereof is being practiced shall be registered with  
            the VMB.  (BPC  4853 (a))

         7)Defines "premises" as including a building, kennel, mobile unit  
            or vehicle, as specified.  (BPC  4853 (b))

         8)Requires that all premises where veterinary medicine,  
            veterinary dentistry, or veterinary surgery is being  
            practiced, and all instruments, apparatus and apparel used in  
            connection with those practices, shall be kept clean and  
            sanitary at all times, and shall conform to those minimum  
            standards established by the VMB.  
         (BPC  4854)

         9)Provides that the requirements of licensure for health care  
            practitioners in California shall not apply in a state of  
            emergency, as defined under Section 8558 of the Government  
            Code, for a health care practitioner licensed from another  
            state who offers or provides health care for which he or she  
            is licensed, if the emergency overwhelms the response  
            capabilities of California health care practitioners and only  
            upon the request of the Director of the Emergency Medical  
            Services Authority (Director).  (BPC  900 (a))

         10) Specifies that the Director shall be the medical control and  
            shall designate the licensure and specialty health care  
            practitioners required for the specific emergency and shall  
            designate the areas to which they may be deployed.  (BPC  900  
            (b))

         11)Requires health care practitioners from another state to  
            provide, upon request, a valid copy of a professional license  
            and a photographic identification issue by the state in which  
            the practitioner holds a license before being deployed by the  
            Director.
         (BPC  900 (c))

         12)Requires health care practitioners from another state to also  
            provide to the appropriate California licensing authority  
            verification of licensure upon request.
         (BPC  900 (d))









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         13)Provides that health care practitioners from another state  
            providing health care shall have immunity from liability for  
            services rendered as provided in Section 8659 of the  
            Government Code. (BPC  900 (e))

         14)Exempts from state licensure, until January 1, 2018, health  
            care practitioners who are licensed or certified in good  
            standing from another state and who offer or provide health  
            care services in California at a "sponsored event," as  
            defined, and in connection with a "sponsoring entity," as  
            defined, on a voluntary basis if specific requirements are  
            met.  (BPC  901)

         15)Defines "board" as the applicable healing arts board under the  
            BPC or under an initiative act responsible for the licensure  
            or regulation in this state of the representative health care  
            practitioners and defines a "health care practitioner" as any  
            person who engages in acts that are subject to licensure or  
            regulation under BPC or under any initiative act (this would  
            include veterinarians or registered veterinarian technicians).  
             (BPC  901 (a) (1) and (2))

         16)Defines "sponsored event" as an event, not to exceed 10  
            calendar days, administered by either a sponsoring entity or a  
            local government, or both, through which the health care is  
            provided without compensation to the health care practitioner  
            and defines a "sponsoring entity" as a nonprofit organization  
            organized pursuant to Section 501(c)(3) of the Internal  
            Revenue Code or a community-based organization.  (BPC  901  
            (a) (3) and (4))

         17)Prior to providing the voluntary services, the health care  
            practitioner shall do all of the following:  

             a)   He or she must submit to the appropriate licensing board  
               a valid copy of his or her license or certificate and a  
               photographic identification issued by the state in which he  
               or she holds licensure or certification.   Requires the  
               board to notify the sponsoring entity within 20 calendar  
               days of receiving a request for authorization, whether that  
               request is approved or denied.

             b)   Satisfied the following requirements:









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               i)     Has not committed any act or been convicted of a  
                 crime constituting grounds for denial or licensure or  
                 registration as specified and is in good standing in each  
                 state in which her or she holds licensure of  
                 certification.

               ii)         Has the appropriate education and experience to  
                 participate in the event as determined by the board.

               iii)        Shall agree to comply with all applicable   
                 practice requirements set forth in the BPC (for the  
                 particular practice) and regulations adopted by the  
                 board.

             c)   Submits to the board a request for authorization to  
               practice without a California license and pay a fee to  
               cover the costs to the board for processing the request. 

             d)   The services are provided only under all of the  
               following circumstances:

               i)     To uninsured or underinsured persons, as defined.

               ii)         On a short-term voluntary basis, not to exceed  
                 a 10-day period per sponsored event.

               iii)        In association with a sponsoring entity, as  
                 defined, that complies with specified requirements. 

               iv)         Without charge to the recipient or to a third  
                 party on behalf of the recipient.
                 (BPC  901 (b))

         18)Provides that the board may deny a health care practitioner  
            authorization to practice without a license if the health care  
            practitioner fails to comply with any of the aforementioned  
            requirements as specified.  (BPC  901 (c))

         19)Requires the sponsoring entity seeking to provide, or arrange  
            for the provision of, health care services to do both of the  
            following:  (BPC  901 (d))

             a)   Register with the licensing board by completing a  
               registration form that includes the name of the sponsoring  








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               authority, its officers or organization officials,  
               specified contact information for the sponsoring entity and  
               its officers, and, any additional information required by  
               the licensing board.

             b)   Provide the information required above to the county  
               health department of the county in which the health care  
               services will be provided, along with any additional  
               information that may be required by that department.

         20)Requires the sponsoring entity to notify in writing the  
            licensing board and the county health department of any change  
            in the information required within 30 days of the change and  
            additionally do the following:  (BPC  901 (e), (f) and (g))  

             a)   Within 15 days of the provision of health care services,  
               it must file a report with the licensing board and the  
               county health department on the date, place, type, and  
               general description of the care provided, along with a  
               listing of the health care practitioners who participated  
               in providing that care.

             b)   Maintain a list of health care practitioners associated  
               with the provision of health care services under this bill.  
                Requires the sponsoring entity to maintain a copy of each  
               health care practitioner's current license or certification  
               and shall require each health care practitioner to attest  
               in writing that his or her license or certificate is not  
               suspended or revoked pursuant to disciplinary proceedings  
               in any jurisdiction.  The sponsoring entity shall maintain  
               these records for a period of at least five years following  
               the provision of health care services and shall, upon  
               request, furnish those records to the licensing board or  
               any county health department.

         21)Prohibits a contract of liability insurance issued, amended,  
            or renewed in this state on or after January 1, 2011, from  
            excluding coverage of a health care practitioner or a  
            sponsoring entity that provides, or arranges for the provision  
            of, health care services under this bill, provided that the  
            practitioner or entity complies with the requirements of this  
            bill.  (BPC  901 (h))

         22)States that the exemption from licensure for health care  








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            practitioners shall not apply to a health care practitioner  
            who renders care outside the scope of practice authorized by  
            his or her license or certificate.  (BPC  901 (i))

         23)Provides that the board may terminate authorization for a  
            health care practitioner to provide health services for  
            failure to comply with the requirements as specified, any  
            practice requirement as set forth in the BPC or pursuant to  
            regulations, or act that would be grounds for discipline if  
            done by a licensee of the board.  However, it Provides for an  
            appeal by the health care practitioner of the decision to  
            terminate the authorization.  (BPC  901 (j))

          Existing law, the Government Code (GC):

          1)Specifies that any veterinarian or registered veterinary  
            technician who renders services during any state of war  
            emergency, a state of emergency, or a local emergency at the  
            express or implied request of any responsible state or local  
            official or agency shall have no liability for any injury  
            sustained by any animal by reason of those services,  
            regardless of how or under what circumstances or by what cause  
            those injuries are sustained; provided, however, that the  
            immunity herein granted shall not apply in the event of a  
            willful act or omission.  (GC  8659)

          2)Defines a "state of war emergency" as a condition which exists  
            immediately, with or without a proclamation by the Governor,  
            whenever this state or nation is attacked by an enemy of the  
            U.S., or upon receipt by the state of a warning by the federal  
            government indicating that such an enemy attack is probable.   
            (GC  8558 (a))

          3)Defines "state of emergency" as a duly proclaimed existence of  
            conditions of disaster or extreme peril to the safety of  
            persons and property within the state caused by such  
            conditions as fire, flood, earthquake, drought, etc., which by  
            reasons of their magnitude are likely to be beyond the control  
            of services, personnel, equipment and facilities of any single  
            county, city, city and county and requires combined forces of  
            mutual aid region or regions to combat such emergency. (GC   
            8558 (b))

          4)Defines "local emergency" as a duly proclaimed existence of  








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            conditions or disaster or of extreme peril to the safety of  
            persons and property within the territorial limits of a  
            county, city, city and county caused by such conditions as  
            specified above.  (GC  8558 (c))

          This bill:

         1)Exempts from state licensure veterinary health care  
            practitioners who are licensed or certified in good standing  
            from another state and who offer veterinary services in the  
            event of a "cruelty incident," as defined, and in connection  
            with a "sponsoring entity," as defined, similar to the  
            exemption from state licensure for health care practitioners  
            from another state who offer or provide health care services  
            in California at a sponsored event, and in association with a  
            sponsoring entity, on a voluntary basis, and allows the  
            sponsoring entity to operate a temporary shelter in order to  
            provide care to animals seized as a result of a cruelty  
            incident.

         2)Defines "board" as the VMB and "animal control" as the county  
            of city animal control department, and if the city or county  
            does not have an animal control department, if means whatever  
            entity performs animal control functions.

         3)Defines "veterinary health care practitioner" as any person who  
            engages in acts that are subject to licensure or regulation  
            under the Act.

         4)Defines "cruelty incident" as an alleged violation of federal  
            or state animal fighting or animal cruelty laws involving  
            numerous animals which overwhelms the response capabilities of  
            California veterinary health care practitioners.

         5)Defines "sponsoring entity" as a nonprofit organization  
            organized pursuant to Section 501(c)(3) of the Internal  
            Revenue Code that employs licensed veterinarians.

         6)Provides that in the event of a cruelty incident, a sponsoring  
            entity may deploy veterinary health care practitioners  
            licensed or certified in good standing in another state,  
            district or territory of the United States to California at  
            the request of animal control or federal law enforcement  
            agency to provide veterinary services and operate a temporary  








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            shelter in order to provide care to animals seized as a result  
            of a cruelty incident.

         7)Provides that the veterinary health care practitioner is exempt  
            from the requirement for licensure  if all of the following  
            requirements are met:

             a)   Prior to providing those services, he or she does the  
               following:

               i)     Obtains authorization from the VMB to be deployed by  
                 a sponsoring entity after submitting to the VMB a copy of  
                 his or her valid license or certificate from each state  
                 in which he or she holds licensure or certification and a  
                 photographic identification issued by one of the states  
                 in which he or she holds licensure or certification.   
                 Requires the VMB to notify the veterinary health care  
                 practitioner, within 20 days whether the request is  
                 approved or denied and as otherwise specified.  Provides  
                 that the authorization shall expire 12 months from the  
                 date of initial authorization unless the veterinary  
                 health care practitioner has resubmitted the required  
                 information for renewal at least 20 days prior to  
                 expiration.

               ii)         Similar to the exemption for health care  
                 practitioners who are providing health care services at a  
                 sponsored event, the veterinary health care practitioner  
                 must satisfy the same requirements such as not committing  
                 any prior crimes, have the same education and experience,  
                 agree to comply with all applicable requirements and  
                 regulations of the VMB.

             b)   Provides services only under the following  
               circumstances:

               i)     To only animals seized as the result of the cruelty  
                 incident.

               ii)         On a short-term voluntary basis, not to exceed  
                 60-calendar-days period per cruelty incident.  If the  
                 animal control or federal law enforcement authority  
                 determines that the cruelty incident will exceed the  
                 initial 60 days, extensions shall be granted in  








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                 30-calendar-day increments until the incident is  
                 concluded.

               iii)        In association with a sponsoring entity.

               iv)         Without charge to the recipient or to a third  
                 party on behalf of the recipient.

               v)     If determined necessary, within a temporary shelter  
                 that is needed to house animals seized as a result of a  
                 cruelty incident.

         8)Provides that the temporary shelter utilized for the care and  
            housing of animals seized during a cruelty incident is exempt  
            from the requirement of a premise permit if all of the  
            following requirements are met:

             a)   The temporary shelter conforms to accepted minimum  
               standards of care as specified.

             b)   The temporary shelter does not exceed 60-calendar-days  
               period per cruelty incident and if animal control or law  
               enforcement determines that the cruelty incident will  
               exceed 60 days, then extensions for the shelter shall be  
               granted in 30-day increments until the incident is  
               concluded.

             c)   The temporary shelter only cares for and houses animals  
               seized from a cruelty incident.

         9)Provides that, similar to the exemption for health care  
            practitioners who are providing health care services at a  
            sponsored event, the VMB may deny authorization for a  
            veterinary health care practitioner to practice without a  
            license if the practitioner fails to comply with any of the  
            aforementioned requirements as specified or any act that would  
            be grounds for denial of an application for licensure.

         10)Provides that similar to the requirements for a sponsoring  
            entity providing health care services at a sponsored event, a  
            sponsoring entity seeking to be approved to deploy veterinary  
            health care practitioners to California in order to provide  
            veterinary services during a cruelty incident must register  
            with the VMB and provide specified information and any  








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            additional information as required by the VMB.

         11)Requires that within 30 calendar days of the provision of  
            veterinary services pursuant to a cruelty incident, the  
            sponsoring entity shall file a report with the VMB with  
            specified information regarding the care and practitioners who  
            participated in providing the care.

         12)Requires the sponsoring entity to maintain a list of the  
            veterinary health care practitioners associated with the  
            provision of the veterinary care services, a copy of their  
            license that is in good standing, and maintain records for  
            five years following the provision of those services to be  
            made available, upon request, to the VMB or any county health  
            department.

          13)Sets forth other provisions, such as those dealing with a  
             contract of liability insurance, restrictions on the ability  
             of the veterinary health care practitioner to render care  
             outside their scope of practice and ability of the VMB to  
             terminate authorization for the practitioner to provide  
             veterinary services in California are similar to the  
             requirements for a sponsoring entity providing health care  
             services at a sponsored event.

          FISCAL  
          EFFECT:  This bill has been keyed "fiscal" by Legislative  
          Counsel.  According to the Assembly Committee on Appropriations  
          analysis dated May 6, 2015, this bill will result in minor and  
          absorbable costs to the VMB.

          COMMENTS:
          
            1. Purpose.  This bill is sponsored by the  American Society for  
             the Prevention of Cruelty to Animals  (ASPCA).  According to  
             the Sponsor, "from dog fights and cockfights, to hoarding and  
             other acts of cruelty, sheltering animals seized during  
             cruelty investigations can overwhelm local resources.  Two  
             separate dog fighting busts in the last 7 years have resulted  
             in over 1000 dogs needing care, shelter, behavior  
             assessments, and possible adoption services.   Under CA's  
             current seizure law, Penal Code 597.1, animals seized by a  
             responding agency must be cared for at the expense of the  
             seizing agency.  Seizing agencies are authorized to place a  








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             lien on the animals that must be paid in order for the  
             animals to be returned, but until and if that actually  
             happens, the expense is squarely on the responding agency to  
             care for and house potentially hundreds of animals.  For  
             instance, in 2014 El Dorado County Animal Services seized  
             nearly 100 horses and additional livestock from a rescue that  
             went under and could no longer afford to care for the animals  
             - the animals were all adopted out but the seizure created  
             unplanned for budgetary pressures for the county.  As stated  
             by the California Animal Control Directors Association  
             (CACDA) in support of AB 316, Animal Control Officers (ACOs)  
             are on the front lines of enforcing state and local animal  
             welfare laws.  Often in cruelty cases, the number of animals  
             involved can overwhelm local resources as local animal  
             control must house seized animals, and according to CACDA,  
             most animal shelters operate at or near capacity on a daily  
             basis and are not equipped or designed to take in large  
             amounts of animals at once.   AB 316 is not about bringing  
             out of state veterinary responders to assist in every cruelty  
             case imaginable, but rather it is designed to be utilized  
             when local resources are overwhelmed and the need for  
             assistance is great.  In those scenarios, AB 316 creates a  
             mechanism for 501(c)(3)'s to deploy veterinarians from other  
             states that have been pre-approved by the CA Vet Med Board on  
             an annual basis to deploy to CA to assist."

          2. Background.  

                  a)        Limited Exemptions From Licensure For Those  
                    Who Practice Veterinary Medicine.  Under current law,  
                    there are a limited number of persons who are exempt  
                    from California's veterinary licensure requirements  
                    when practicing veterinary services in California.   
                    Exempt individuals include persons such as  
                    veterinarians providing services in the military,  
                    licensed veterinarians who have been called in from  
                    out of state to assist with certain cases,  
                    veterinarians or persons employed at the University of  
                    California for teaching purposes or other education  
                    research and persons employed by federal and state  
                    agencies such as the United States Department of  
                    Agriculture (USDA) and the California Department of  
                    Food and Agriculture (CDFA).  Without one of these  
                    specific exemptions, any other person practicing  








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                    veterinary medicine in California is required to have  
                    a California-issued veterinary license.


               However, veterinarians from another state could be allowed  
               under current law to provide veterinary services if they  
               met the requirement specified in Section 900 of the BPC  
               when there was a declared state of emergency for  
               California.  Also, although Section 901 of the BPC allows  
               for  any  licensed health care practitioner from another  
               state to provide health care services in California if in  
               association with sponsoring entity (nonprofit 501 (c)(3))  
               at a sponsored event in which health care was provided to  
               the public without compensation, it does not appear as if  
               it was meant to apply to veterinarian services since one of  
               the requirements is that the health care services must be  
               provided to uninsured or underinsured persons.  

               This measure seeks to replicate the requirements of Section  
               901of the BPC to allow licensed veterinarians from another  
               state, who are associated with a sponsoring entity that  
               employs veterinarians, to provide necessary veterinary  
               services if requested by a local animal control or federal  
               law enforcement agency to assist in the event of a  
               large-scale animal cruelty or animal fighting-case and to  
               be exempt from California's licensure requirement.   
               Additionally, it would provide circumstances under which  
               the sponsoring entity could treat animals in a temporary  
               shelter, as long as the shelter has only been established  
               as a part of the investigation and abides by specific  
               requirements.

                  b)        Animal Cruelty Cases.  Animal cruelty cases  
                    can take a variety of shapes and forms, from small,  
                    one-animal incidents, such as a recent case in  
                    Sacramento, where a man was accused of burning an  
                    animal alive in an animal carrier, to large-scale dog  
                    fighting raids or hoarding incidents that involve a  
                    large number of animals.  The 2007 arrest and  
                    subsequent prosecution of Michael Vick, for his role  
                    in a large-scale dog fighting ring, highlighted issues  
                    of cruelty but also raised the issues about the  
                    resources needed to care for and treat animals when  
                    such events occur.








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                  Animal fighting is currently illegal in all 50 states.   
                    Specifically, dogfighting is a felony offense in all  
                    50 states, and it is also a felony offense under  
                    federal law. Other cases of animal cruelty or animal  
                    hoarding occur closer to home.  In February 2015, it  
                    was reported that 191 dogs were found abandoned on a  
                    property in San Bernardino County.  Most likely, the  
                    case required a significant amount of local resources  
                    to care for animals and properly investigate the  
                    situation.  In the San Bernardino case, the animals  
                    were taken to a local shelter for care.

                  According to the Humane Society of the United States,  
                    because there is no national reporting requirement for  
                    animal abuse, there is no way to track the number of  
                    animal cruelty cases that are filed or that make it to  
                    court each year.  Although the total number of cruelty  
                    cases is difficult to assess, in 2013-2014, there were  
                    more than 13 seizure cases that the Sponsor of this  
                    bill was involved in assisting with across the nation.  
                     

                  According to the proponents of this measure, large-scale  
                    animal cruelty cases can overwhelm the resources of  
                    the local authorities responding to these cases.   
                    Animal cruelty cases such as animal abandonment issues  
                    or puppy mill raids can happen rather quickly, which  
                    makes planning and budgeting difficult.  This bill  
                    aims to assist local authorities with options for  
                    veterinary care and assistance in the event of a  
                    large-scale animal cruelty or animal fighting case.   
                    The resource challenges are not strictly monetary but  
                    also become resource challenges related to caring for  
                    the large number of animals that most likely have  
                    health concerns and other issues.  The proponents note  
                    that local veterinarians typically provide services in  
                    these types of cases, but, at times, additional  
                    resources may be necessary.  According to the  
                    proponents, the average cruelty case lasts about 45-50  
                    days and consists of an average of 461 animals at a  
                    cost of caring for the animals close to $600,000.  The  
                    Sponsor notes that the large cost and potential lack  
                    of resources could be a deterrent in prosecuting such  








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                    cases.

                  According to the proponents, animal welfare  
                    organizations like the ASPCA, among others, have  
                    response teams in place, including veterinarians, to  
                    assist local agencies in cruelty cases or emergency  
                    disaster situations in other states, but often, the  
                    veterinarians are only licensed in their home state.   
                    This bill would provide a specific exemption to allow  
                    those veterinarians to be called to California in the  
                    event of a large-scale cruelty case to practice in  
                    California without a California-issued license.

                  c)        ASPCA Involvement and Response to Animal  
                    Cruelty Cases.
                     Eight State Raid - Dog Fighting (2009): The ASPCA  
                 participated in a raid of a multi-state dog fighting  
                 operation that spanned MO, IL, IA, TX, OK, AR, NE and MS  
                 and resulted in the rescue of over 400 dogs and 27  
                 initial arrests - all 27 individuals were subsequently  
                 convicted.  In total, over 100 arrests were made in  
                 connection to this raid. 
                 
                     Florida - Cockfighting Raid (2010):  At the request  
                 of Lee County Sheriff's Office and Lee County Domestic  
                 Animal Services, the ASPCA assisted with the removal and  
                 sheltering of more than 650 fighting roosters.  Two  
                 individuals were arrested and convicted of animal cruelty  
                 and other related charges. 
                 
                     Halifax, VA - Dog Fighting Raid (2011):  The ASPCA  
                 assisted the ATF, local law enforcement and several other  
                 agencies in raiding a suspected dog fighting ring.  Over  
                 40 dogs were confiscated and four suspects arrested - two  
                 of which were charged and convicted of dog fighting. 

                     Southeast, Multi-State - Dog Fighting Bust (2013):   
                 At the request of the U.S. Attorney's Office and the FBI,  
                 the ASPCA assisted in a multi-state dog fighting raid  
                 across the Southeast.   A total of 367 dogs were rescued  
                 from conditions where they were subjected to intense heat  
                 and sun, many without shelter or water.
                 
                     New York - Cockfighting Bust (2014):  From a  








          AB 316 (Maienschein)                                    Page 16  
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                 cockfight in Queens, to a pet store in Brooklyn, and a  
                 farm in upstate New York, over 3,000 fighting birds were  
                 seized in what became the largest cockfighting bust in NY  
                 history. New York State Police, the Dept. of Homeland  
                 Security and a local sheriff's department were involved  
                 in the raid that stemmed from the NY AG's Organized Crime  
                 Task Force.  The ASPCA recovered the 3,000 birds. 
                
                     Spokane, WA - Horses Abandoned (2014):  At least 68  
                 horses were abandoned by a property owner were left to  
                 starve slowly to death. Due to the large expense  
                 associated with caring for this number of emaciated  
                 horses, the local municipal county animal services agency  
                 requested the ASPCA's assistance.  In addition to  
                 deploying our resources to assist the county, the ASPCA  
                 also gave a $5,000 grant to the agency to assist them  
                 with further care for the horses. 
                
                     Wisconsin - Dog Hoarding Case (2014):  The ASPCA  
                 responded to a request by the County Sheriff's department  
                 and County Humane Investigator to assist in the removal  
                 and management of dogs living among feces, trash and  
                 rotting food in a poorly ventilated and overcrowded  
                 mobile home. 

                  a)        Calling in Veterinarians from Other States.   
                    In the event of an animal cruelty or abuse case, the  
                    entities responsible for handling these cases are  
                    local law enforcement, animal control directors and  
                    other local resources.  These entities typically work  
                    together to determine the appropriate steps and  
                    process for dealing with animal cruelty or abuse  
                    cases.  
               
               This bill proposes that only local animal control and  
               federal law enforcement agencies would be permitted to call  
               in veterinary assistance from a sponsoring entity from  
               out-of-state to assist with veterinary services and provide  
               temporary shelter for the animals which were involved with  
               a cruelty or animal fighting case.

                  b)        Use of Temporary Shelters.  Section 4853 of  
                    the BPC requires that all premises where veterinary  
                    medicine is being practiced obtain a premises permit  








          AB 316 (Maienschein)                                    Page 17  
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                    from the VMB.  There are currently over 3,000 licensed  
                    premises in California.  In order to obtain the  
                    premises permit, applicants must submit an application  
                    which must include the type of practice, the number of  
                    employees, the business model, and business owner  
                    information, along with a $200 registration fee.  The  
                    VMB reports that the application process for a  
                    premises permit takes between three to four weeks.  
               
               This bill will exempt temporary animal care shelter  
               facilities from premises requirements as long as the  
               shelter provides veterinary medical care, shelter, food and  
               water only to the animals affected by the cruelty incident  
               and that the temporary shelter complies with other  
               requirements as specified.  The temporary shelter shall not  
               be allowed to exist for longer than 60 days unless it is  
               determined that a longer period is necessary by animal  
               control or the federal law enforcement agency, but the  
               extension would only be for 30-day increments.

               It should be noted, that any requirement for the VMB to  
               inspect these temporary shelters would be difficult.   
               Currently, the VMB can only inspect, or is required to make  
               every effort to inspect, about 20 percent of veterinary  
               premises on an annual basis.  Also, during two of the major  
               floods that hit Sacramento in the 1980's and 1990's,  
               temporary shelters (many of them on city or county  
               fairgrounds) were usually established overnight to house  
               animals without any oversight considered necessary by the  
               VMB, and were kept open for at least 60 to 90 days to allow  
               animal owners the opportunity to claim their animals.

           1. Related Legislation This Year.   AB 317  (Maienschein) exempts  
             an organization that establishes a temporary shelter facility  
             for the purpose of providing veterinary medical care, shelter  
             and food and water during a state emergency by a veterinarian  
             licensed in another state, from a premise registration permit  
             if certain conditions are met including: providing notice  
             about the use of the temporary shelter; complying with  
             sanitary standards and ceasing operation within 60 days of  
             establishment.  (  Status  :  This bill is also set for a hearing  
             before this Committee on July 6.)










          AB 316 (Maienschein)                                    Page 18  
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           2. Prior Related Legislation.   AB 2699  (Bass, Chapter 270,  
             Statutes of 2010), exempted from state licensure health care  
             practitioners who are licensed or certified in other states  
             and who in association with a sponsoring entity, at a  
             sponsored event, provide health care services to uninsured or  
             underinsured persons in California on a voluntary basis, if  
             specific requirements are met.

             AB 512  (Rendon, Chapter 111, Statutes of 2013), extended the  
            sunset date, from January 2014 to January 2018, on the law  
            that permits qualified, out-of-state health care practitioners  
            to volunteer their services on a limited basis at health care  
            events designed to provide free services for underinsured and  
            uninsured individuals in California.  

            AB 2915  (Saldana, Chapter 823, Statutes of 2006) exempted from  
            state veterinary licensure requirements veterinarians employed  
            by a local government that met specified conditions, and  
            provided that the exemption sunset on January 1, 2011.
             
            SB 1263  (Soto, Chapter 131, Statutes of 2002) exempted faculty  
            and students of the College of Veterinary Medicine at Western  
            University of Health Sciences from the laws regulating the  
            practice of veterinary medicine, and exempt veterinary medical  
            students at the College of Veterinary Medicine at Western  
            University of Health Science from having to take the VMB's law  
            and regulations examination if the student completes certain  
            coursework.

          3. Arguments in Support.  According to the Sponsors, the  ASPCA  ,  
             this measure seeks to equip animal cruelty investigators in  
             California with the ability to seek assistance from  
             veterinary responders from other states when local resources  
             are overwhelmed.  The language in AB 316 actually mirrors  
             recently enacted BPC Section 901, which establishes a process  
             for California's licensing boards to approve out-of-state  
             health practitioners wishing to participate in health fairs  
             in California in order to provide health care to low income  
             families.  In the same way that these health fairs provide  
             access to care for those without adequate health resources,  
             AB 316 is designed to assist responders when cases overwhelm  
             local resources. Unlike most criminal cases where evidence  
             can simply be stored in a locker, animal cruelty cases  
             require a significant financial investment to properly  








          AB 316 (Maienschein)                                    Page 19  
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             provide the animals with shelter and care. "Based on our  
             experience, a typical cruelty deployment lasts about 45-50  
             days and costs about $28 per animal per day. A dog fighting  
             bust that produces 150 seized dogs that need sheltering and  
             care for 50 days results in over $200,000 in expenses for the  
             responsible agency.  Existing California law relative to  
             cruelty investigations places the burden of paying for the  
             care of animal victims of cruelty on the seizing agency until  
             a final outcome of a case is decided."

          The  Tony La Russa's Animal Rescue Foundation  (ARF) is in support  
             of this measure and indicates that large scale animal cruelty  
             cases like animal fighting busts, hoarding arrests and puppy  
             mill raids can quickly overwhelm a local government's  
             resources.  "Additionally, these cases can also overwhelm the  
             local veterinary resources.  Local veterinarians play a key  
             role in assisting with the care of seized animals, but local  
             veterinarians typically have paying jobs or practices that  
             they must return to.  This limits the amount of time they can  
             commit to cases like these.  The combination of huge costs of  
             care for seized animals and the potential to deplete local  
             veterinary resources can be a huge deterrent for agencies  
             wishing to investigate a case of large animal cruelty in  
             their community.

          The ARF further states that "animal response teams consisting of  
             veterinary practitioners exist to assist law enforcement  
             agencies to ensure that animals receive top-notch preventive  
             care, medical diagnosis and veterinary treatment.  However,  
             veterinary professionals that are part of animal response  
             teams typically hold a license to practice in only their home  
             state, making it difficult to deploy to another state in  
             these cases." 

          The  California Animal Control Directors Association  (CACDA) is  
             in support of this measure and indicates that their  
             membership includes most municipal animal shelters and local  
             animal control agencies throughout the State and that they  
             are on the front lines of enforcing state and local animal  
             welfare laws every day and must manage these tragedies  
             [animal cruelty cases] when they occur.  Unfortunately, as  
             stated by CACDA, there are situations in California where the  
             number of animals involved in a cruelty, fighting, or  
             hoarding case will overwhelm the local resources.  Often,  








          AB 316 (Maienschein)                                    Page 20  
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             these animals must be seized and then housed by local animal  
             control.  Most animal shelter operate at or near capacity on  
             a daily basis and are not equipped or designed to take in a  
             large amount of animals at once.  This may require the  
             establishment of a temporary facility or an offsite location  
             in order to process, care for, and rehabilitate these  
             animals.  The flexibility to engage out-of-state medical  
             professionals is an important step in making sure the animals  
             receive the best care and outcomes possibly.

          4. Arguments in Opposition.  The  California Veterinary Medical  
             Association  (CVMA) is opposed to this measure and argues that  
             the exemption from California licensure should only be used  
             when there is no other alternative.  "After careful  
             deliberation and several meetings with the bill's sponsors,  
             the CVMA believes the need for out-of-state veterinarians,  
             involved in these cases, has not been demonstrated.  Further,  
             we think AB 316 does not provide sufficient protection for  
             animals and consumers by allowing veterinarians to come in  
             from other states as, essentially, unlicensed individuals. "

          The CVMA further indicates that there are more than 9,200  
             licensed veterinarians in California.  "To our knowledge,  
             animal cruelty case investigations in California have not  
             been hindered by a shortage of veterinarians in this state.   
             The proponents of the bill offer approximations of the number  
             of cases that are investigated each year; the number of  
                                                          animals involved; and the cost of investigating these cases,  
             but fail to provide definitive statistics that support the  
             need for additional veterinary care.  There is no evidence  
             that calling in a veterinarian from out-of-state will reduce  
             the investigating agencies costs associated with animal  
             cruelty cases.  The CVMA is also concerned that the bill  
             would allow the out-of state [sponsoring entity] to set up a  
             temporary shelter facility and provide veterinary care  
             without a premises permit.  "Again, there are no provisions  
             for enforcement by the VMB for substandard facilities or  
             veterinary care."

          The  VMB  is also opposed to this measure and argues that "AB 316  
             provides an avenue for unlicensed veterinarians to practice  
             in the state, but does not explain of justify the need for  
             the exemption.  Since California licenses greater that 10% of  
             the entire veterinary profession in the country, the  








          AB 316 (Maienschein)                                    Page 21  
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             necessity for bringing in out-of-state veterinarians to  
             attend to cases that are part of an investigation and  
             furthermore, exempting temporary facilities from registration  
             and inspection poses a risk to California consumers and  
             animals.  Such exemptions should only be pursued if the needs  
             cannot be met by California licensees."  

          The VMB further argues that AB 316 would seriously limit the  
             Board's enforcement ability to respond to unprofessional  
             conduct or negligence on the part of the veterinarian called  
             in from another state.  However, the recent amendments would  
             seem to deal with this issue by providing broader oversight  
             by the VMB of the veterinarians from another state.  The VMB  
             does continue to raise concerns about the use of a temporary  
             shelter that is not registered with the Board and believes  
             there would be little recourse is an animal be injured or  
             harmed at an unregistered shelter.

          
          SUPPORT AND OPPOSITION:
          
           Support:  

          American Society for the Prevention of Cruelty to Animals  
          (Sponsor)
          California Animal Control Directors Association
          Tony La Russa's Animal Rescue Foundation

           Opposition:  

          California Veterinary Medical Association
          California Veterinary Medical Board

                                      -- END --