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:  8/26/15 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


           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  
          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 premise registration from the Veterinary  
          Medical Board (VMB).

          Senate Floor Amendments of 8/26/15 clarify that a temporary  
          shelter that is established to provide care and shelter to  
          animals during a state of emergency will be operated in  
          accordance with sheltering guidelines established by the  
          California Animal Respnse Emergency System and that the VMB may  
          inspect the shelter if necessary.


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          Existing law:

          1) Establishes the 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)

          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;


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              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)

          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  


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             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))

          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))


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          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  
             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  

                 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,  


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                as specified.

              d)    The temporary shelter does not operate beyond a  
                60-calendar-day period and is deployed in a manner that is  
                consistent with the sheltering guidelines established by  
                the California Animal Response Emergency System (CARES).

           2) 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  

           3) Provides that the VMB may inspect a temporary shelter  
             established pursuant to a state of emergency.

          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 and shall be deployed in a manner that  
          is consistent with the sheltering guidelines established by  
          CARES.  The VMB would also be able to inspect the temporary  
          shelter if considered necessary. 
          Related Legislation 


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          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  
          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No

          SUPPORT:   (Verified8/27/15)

          American Society for the Prevention of Cruelty to Animals  
          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:   (Verified8/27/15)

          California Veterinary Medical Association
          California Veterinary Medical Board

          ARGUMENTS IN SUPPORT:     According to the American Society for  
          the Prevention of Cruelty to Animals and other supporters of  
          this bill, it 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.  Supporters  
          state that while BPC Section 900 currently authorizes the State  
          Emergency Medical Services Authority to request health  
          professionals, including veterinarians, from other states to  
          assist during a declared emergency, existing law is unclear as  
          to whether those veterinarians called into assist during a  
          declared state of emergency can establish temporary shelters to  


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          house displaced animals.  According to supporters, existing law  
          is unclear whether even California licensed veterinarians can  
          establish shelters during a disaster deployment.  Supporters  
          state that 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, Hurricane Katrina,  
          presented many difficulties for responders.  The challenges  
          faced in the Gulf States 10 years ago appeared 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 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  

          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  
          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 indicate that there are  
          more than 9,200 licensed veterinarians in California and the  


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          California Veterinary Medical Reserve Corps (CAVMRC) has more  
          than 750 members and is integrated into the California Emergency  
          Management System.  The CAVMRC provides training and resources  
          for veterinary professionals to respond to the needs of animals  
          during a disaster.  Additionally, CARES is a state emergency  
          plan for animals and both CAVMRC and CARES along with private  
          practice and shelter veterinarians have historically met the  
          shelter and housing needs of animals.

          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  

          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
          8/28/15 8:41:23


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