BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 317|
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THIRD READING
Bill No: AB 317
Author: Maienschein (R)
Amended: 6/30/15 in Senate
Vote: 21
SENATE BUS, PROF. & ECON. DEV. COMMITTEE: 8-0, 7/6/15
AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez,
Jackson, Mendoza
NO VOTE RECORDED: Wieckowski
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 77-0, 5/18/15 - See last page for vote
SUBJECT: Veterinary medicine: temporary shelter
SOURCE: American Society for the Prevention of Cruelty to
Animals
DIGEST: This bill exempts a temporary shelter which is
operated either by a licensed veterinarian from another state,
or a state licensed veterinarian, that is providing care and
shelter to animals during a declared state of emergency, from
having to obtain a premises registration from the Veterinary
Medical Board.
ANALYSIS:
Existing law:
1) Establishes the Veterinary Medical Board (VMB) within the
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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)
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;
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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)
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
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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))
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)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)
15)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))
16)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
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combined forces of mutual aid region or regions to combat
such emergency. (GC § 8558 (b))
17)Defines "local emergency" as a duly proclaimed existence of
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) Provides that a temporary shelter shall be exempt from the
registration requirements of Veterinary Medicine Act if all
of the following requirements are met:
a) The temporary shelter is established to provide care
and shelter to animals displaced by a state of emergency,
as defined, and only provides care and shelter to those
animals, and, if possible, is located near an American Red
Cross shelter, or other equivalent shelter, that houses
persons displaced by the state of emergency.
b) The temporary shelter is operated by either of the
following:
i) A veterinary health care practitioner licensed or
certified by, and in good standing in another state,
district or territory who is deployed to the state
pursuant to the state of emergency.
ii) A veterinary health care practitioner licensed
or certified by, and in good standing in this state who
responds to a state of emergency, as defined.
c) The temporary shelter complies with the requirements for
veterinary premises to maintain sanitary conditions, as
specified.
d) The temporary shelter does not operate beyond a
60-calendar-day period, however, the Director of Emergency
Medical Services Authority may grant an extension of that
period in 30-calendar-day increments until the state of
emergency is concluded.
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e) Requires that within 30 calendar days after a temporary
shelter exempt for premises registration requirements
ceases operation, that the party responsible for the
temporary shelter file a report with the VMB containing
specified information.
Background
Use of Temporary Shelters. Under Section 4853 of the BPC, it is
required that all premises where veterinary medicine is being
practiced obtain a premises permit 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 needs to 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 care
and shelter to animals displaced by a state of emergency, the
shelter is operated by a licensed veterinarian from another
state who is deployed to the state pursuant to the state of
emergency, or by a state licensed veterinarian who is responding
the state of emergency, provides clean and sanitary conditions
as required by the VMB, and meets 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 the Director of the Emergency Medical
Services Authority.
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 1980s and 1990s, 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
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animal owners the opportunity to claim their animals.
Related Legislation
AB 316 (Maienschein) 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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
SUPPORT: (Verified8/18/15)
American Society for the Prevention of Cruelty to Animals
(source)
American Red Cross
California Animal Control Directors Association
California Professional Firefighters
County Health Executives Association of California
Tony La Russa's Animal Rescue Foundation
OPPOSITION: (Verified8/18/15)
California Veterinary Medical Association
California Veterinary Medical Board
ARGUMENTS IN SUPPORT: According to the sponsor, the American
Society for the Prevention of Cruelty to Animals, and other
supporters of this bill, this bill "clarifies existing disaster
response law to ensure that veterinarians licensed in another
state that have been called on by California to respond to a
declared emergency have the ability to establish temporary
animal shelters. Business and Professions Code 900 currently
authorizes the State Emergency Medical Services Authority to
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request health professionals, including veterinarians, from
other states to assist during a declared emergency. However,
existing law is unclear whether those veterinarians called into
assist during a declared state of emergency can establish
temporary shelters to house displaced animals. In fact,
existing law is unclear whether even California licensed
veterinarians can establish shelters during a disaster
deployment - AB 317 will clarify that both in state and out of
state veterinary responders can utilize temporary shelters
during a declared state of emergency."
Supporters go on to state that one of the most significant
natural disasters in our nation's history was Hurricane Katrina
and one that presented many difficulties for responders. The
challenges faced in the Gulf States 10 years ago would appear
again when Hurricane Sandy made landfall in the Northeast in
2012. Hurricane Sandy displaced thousands of people and pets,
caused nearly 300 deaths, and plunged parts of the U.S. into
darkness for weeks. Both events, in addition to other disasters
across the country have also demonstrated the need to deploy
resources to provide displaced or lost animals with proper care
and shelter. Temporary shelters are critical for the health and
welfare of Californians since many people will not evacuate
during a natural disaster without their beloved animals and some
actually to go back to try and retrieve their pet. Temporary
shelters are critical to ensuring that people will feel safe
about evacuating when they need to evacuate. Also, many
shelters cannot handle all the animals impacted; this bill will
ensure that both veterinarians in California and those from
another state, if requested by State Emergency Medical Services
Authority, can establish temporary shelters to house and treat
displaced animals and assist in their return to their rightful
owners.
ARGUMENTS IN OPPOSITION: The California Veterinary Medical
Association (CVMA) is opposed to this bill and believes that
exemption from a California veterinary premises permit should
only be used when there is no other alternative. "After careful
deliberation and several meetings with the bill's sponsors, the
CVMA believe the need for out-of-state veterinarians to provide
veterinary medical care in a temporary shelter facility
established by an organization during a state of emergency has
not been demonstrated. Further, we think AB 317 does not
provide sufficient protection for animals and consumers." CVMA
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is concerned that there is no provision for the VMB to take
disciplinary action against the veterinarian or inspect the
temporary facility. CVMA goes on to state that "[t]here are
more than 9,200 licensed veterinarians in California."
The VMB is also opposed to this bill and argues that "AB 317
restricts the Board's ability to ensure that any organization
entering California to provide veterinary care during a declared
emergency is qualified to do so by meeting even the basic
minimum facility standards." The VMB further states that
exempting a facility from registration and further inspection by
the Board, potentially exposes animals and the public to
unsanitary conditions where serious harm may come to the very
animals the temporary shelter is designed to protect. The VMB
is also concerned that this measure would seriously limit the
Board's enforcement ability to respond to an adverse situation
if a temporary shelter failed to provide safe and efficacious
veterinary care. Since current law restricts the Board's
inspection authority to only those premises that are registered
with the Board, there would be little to no recourse through the
state should an animal be injured or harmed at an unregistered
shelter.
ASSEMBLY FLOOR: 77-0, 5/18/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,
Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,
Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,
Irwin, Jones, Jones-Sawyer, Lackey, Levine, Linder, Lopez,
Low, Maienschein, Mayes, McCarty, Medina, Mullin, Nazarian,
Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon,
Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark
Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams,
Wood, Atkins
NO VOTE RECORDED: Kim, Mathis, Melendez
Prepared by:Bill Gage / B., P. & E.D. / (916) 651-4104
8/20/15 16:10:56
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