BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 317| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 AB 317 Page 2 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; AB 317 Page 3 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 AB 317 Page 4 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 AB 317 Page 5 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. AB 317 Page 6 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 AB 317 Page 7 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 AB 317 Page 8 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 AB 317 Page 9 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 **** END **** AB 317 Page 10