BILL NUMBER: SB 27	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 25, 2015
	AMENDED IN SENATE  JUNE 1, 2015

INTRODUCED BY   Senator Hill

                        DECEMBER 1, 2014

   An act to  amend Section 4846.5 of the Business and
Professions Code, and to  add Chapter 4.5 (commencing with
Section 14400) to Division 7 of the Food and Agricultural Code,
relating to livestock.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 27, as amended, Hill. Livestock: use of antimicrobial drugs.

    Existing 
    (1)     Existing  law regulates the
distribution and use of livestock drugs, as defined, by the Secretary
of Food and Agriculture. Existing law also requires a person to
obtain a license from the secretary to manufacture, sell, distribute,
or store commercial feed, including commercial feed containing
drugs.
   This bill would, beginning January 1,  2017, 
 2018,  prohibit the administration of medically important
antimicrobial drugs, as defined, to livestock unless ordered by a
veterinarian through a prescription or veterinary feed directive
pursuant to a veterinarian-client-patient relationship, as specified,
and would prohibit the administration of a medically important
antimicrobial drug to livestock solely to cause an increased rate of
weight gain or improved feed efficiency.  The bill, subject
to the availability of funding for this purpose, would require the
Department of Food and Agriculture to develop a program or
participate in an initiative to track the use of medically important
antimicrobial drugs in livestock and to track antimicrobial-resistant
bacteria and patterns of emerging resistance. The bill would also
require the department to adopt regulations to promote the judicious
use of medically important antimicrobial drugs in livestock, as
specified.   The bill would require the Department of
Food and Agriculture, in consultation with the Veterinary Medical
Board and the State Department of Public Health, to implement
programs to promote antimicrobial stewardship in livestock, and, in
coordination with specified national entities, would require the
department to develop a monitoring program to gather information on
sales, usage, resistance, and management practice data for medically
important antimicrobial drugs. The bill would require information
provided pursuant to   those provisions to be held
confidential, as specified. The bill would make a first violation of
the bill's provisions subject to a civil penalty of $250 for each day
a violation occurs, and would make second and subsequent violations
subject to an administrative fine of $500 for each day a violation
occurs.  
   (2) The Veterinary Medicine Practice Act provides for the
licensure and regulation of veterinarians and the practice of
veterinary medicine by the Veterinary Medical Board, and requires an
applicant for a renewal license to complete 36 hours of continuing
education in the preceding 2 years.  
   This bill would require a veterinarian who receives a licence to
practice veterinary medicine on or after January 1, 2018, to complete
an approved course on the judicious use of medically important
antimicrobial drugs every 4 years as part of the continuing education
requirement.  
   (3) Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.  
   This bill would make legislative findings to that effect. 

    Because 
    (4)     Because  a violation of the
 bill's provisions   provisions of the
Veterinary Medicine Practice Act  would be  a 
misdemeanor, the bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 4846.5 of the  
Business and Professions Code   is amended to read: 
   4846.5.  (a) Except as provided in this section, the board shall
issue renewal licenses only to those applicants that have completed a
minimum of 36 hours of continuing education in the preceding two
years.
   (b) (1) Notwithstanding any other  provision of 
law, continuing education hours shall be earned by attending courses
relevant to veterinary medicine and sponsored or cosponsored by any
of the following:
   (A) American Veterinary Medical Association (AVMA) accredited
veterinary medical colleges.
   (B) Accredited colleges or universities offering programs relevant
to veterinary medicine.
   (C) The American Veterinary Medical Association.
   (D) American Veterinary Medical Association recognized specialty
or affiliated allied groups.
   (E) American Veterinary Medical Association's affiliated state
veterinary medical associations.
   (F) Nonprofit annual conferences established in conjunction with
state veterinary medical associations.
   (G) Educational organizations affiliated with the American
Veterinary Medical Association or its state affiliated veterinary
medical associations.
   (H) Local veterinary medical associations affiliated with the
California Veterinary Medical Association.
   (I) Federal, state, or local government agencies.
   (J) Providers accredited by the Accreditation Council for
Continuing Medical Education (ACCME) or approved by the American
Medical Association (AMA), providers recognized by the American
Dental Association Continuing Education Recognition Program (ADA
CERP), and AMA or ADA affiliated state, local, and specialty
organizations.
   (2) Continuing education credits shall be granted to those
veterinarians taking self-study courses, which may include, but are
not limited to, reading journals, viewing video recordings, or
listening to audio recordings. The taking of these courses shall be
limited to no more than six hours biennially.
   (3) The board may approve other continuing veterinary medical
education providers not specified in paragraph (1).
   (A) The board has the authority to recognize national continuing
education approval bodies for the purpose of approving continuing
education providers not specified in paragraph (1).
   (B) Applicants seeking continuing education provider approval
shall have the option of applying to the board or to a
board-recognized national approval body.
   (4) For good cause, the board may adopt an order specifying, on a
prospective basis, that a provider of continuing veterinary medical
education authorized pursuant to paragraph (1) or (3) is no longer an
acceptable provider.
   (5) Continuing education hours earned by attending courses
sponsored or cosponsored by those entities listed in paragraph (1)
between January 1, 2000, and January 1, 2001, shall be credited
toward a veterinarian's continuing education requirement under this
section.
   (c) Every person renewing his or her license issued pursuant to
Section  4846.4   4846.4,  or any person
applying for relicensure or for reinstatement of his or her license
to active status, shall submit proof of compliance with this section
to the board certifying that he or she is in compliance with this
section. Any false statement submitted pursuant to this section shall
be a violation subject to Section 4831.
   (d) This section shall not apply to a veterinarian's first license
renewal. This section shall apply only to second and subsequent
license renewals granted on or after January 1, 2002.
   (e) The board shall have the right to audit the records of all
applicants to verify the completion of the continuing education
requirement. Applicants shall maintain records of completion of
required continuing education coursework for a period of four years
and shall make these records available to the board for auditing
purposes upon request. If the board, during this audit, questions
whether any course reported by the veterinarian satisfies the
continuing education requirement, the veterinarian shall provide
information to the board concerning the content of the course; the
name of its sponsor and cosponsor, if any; and specify the specific
curricula that was of benefit to the veterinarian.
   (f) A veterinarian desiring an inactive license or to restore an
inactive license under Section 701 shall submit an application on a
form provided by the board. In order to restore an inactive license
to active status, the veterinarian shall have completed a minimum of
36 hours of continuing education within the last two years preceding
application. The inactive license status of a veterinarian shall not
deprive the board of its authority to institute or continue a
disciplinary action against a licensee.
   (g) Knowing misrepresentation of compliance with this article by a
veterinarian constitutes unprofessional conduct and grounds for
disciplinary action or for the issuance of a citation and the
imposition of a civil penalty pursuant to Section 4883.
   (h) The board, in its discretion, may exempt from the continuing
education requirement any veterinarian who for reasons of health,
military service, or undue hardship cannot meet those requirements.
Applications for waivers shall be submitted on a form provided by the
board.
   (i) The administration of this section may be funded through
professional license and continuing education provider fees. The fees
related to the administration of this section shall not exceed the
costs of administering the corresponding provisions of this section.
   (j) For those continuing education providers not listed in
paragraph (1) of subdivision (b), the board or its recognized
national approval agent shall establish criteria by which a provider
of continuing education shall be approved. The board shall initially
review and approve these criteria and may review the criteria as
needed. The board or its recognized agent shall monitor, maintain,
and manage related records and data. The board may impose an
application fee, not to exceed two hundred dollars ($200) biennially,
for continuing education providers not listed in paragraph (1) of
subdivision (b). 
   (k) A veterinarian who receives his or her license to practice
veterinary medicine on or after January 1, 2018, shall complete an
approved course on the judicious use of medically important
antimicrobial drugs, as defined in Section 14400 of the Food and
Agricultural Code, every four years as part of his or her continuing
education requirement. 
   SECTION 1.   SEC. 2.   Chapter 4.5
(commencing with Section 14400) is added to Division 7 of the Food
and Agricultural Code, to read:
      CHAPTER 4.5.  LIVESTOCK: USE OF ANTIMICROBIAL DRUGS


   14400.  For purposes of this chapter, the following definitions
apply:
   (a) "Medically important antimicrobial drug" means an
antimicrobial drug listed in Appendix A of the federal Food and Drug
Administration's Guidance for Industry #152, including critically
important, highly important, and important antimicrobial drugs, as
that appendix may be amended.
   (b) "Livestock"  has the same meaning as in Section 14205.
  means all animals and poultry, including aquatic and
amphibian species, that are raised, kept, or used for profit.
Livestock does not   include those species that are usually
kept as pets, such as dogs, cats, and pet birds. 
   14401.  Beginning January 1,  2017,  2018,
 a medically important antimicrobial drug shall not be
administered to livestock unless ordered by a veterinarian through a
prescription or veterinary feed directive, pursuant to a
veterinarian-client-patient relationship that meets the requirements
of Section 2032.1 of Title 16 of the California Code of Regulations.
   14402.  (a) Beginning January 1,  2017,  
2018,  a medically important antimicrobial drug may be used
when, in the professional judgment of a licensed veterinarian, the
medically important antimicrobial drug is necessary for any of the
following:
   (1) To treat  or control the spread of  a disease
or infection. 
   (2) To control the spread of a disease or infection. 

   (2) 
    (3)  In relation to surgery or a medical procedure.

   (3) To prevent the transmission of a particular disease or
infection known to occur in a specific situation.  
   (4) For prophylaxis to prevent the contraction of a particular
disease or infection known or suspected to occur in a specific
situation if antimcrobial prophylaxis is considered by a licensed
veterinarian to be effective to prevent that infection or disease.

   (b) A person shall not administer a medically important
antimicrobial drug to livestock  solely  for purposes of
promoting weight gain or improving feed efficiency.
   (c) Unless the administration is consistent with subdivision (a),
a person shall not administer a medically important antimicrobial
drug in a repeated or regular pattern. 
   14403.  If funds are made available for this purpose, the
department shall develop a program or participate in an initiative to
track the use of medically important antimicrobial drugs in
livestock and to track antimicrobial-resistant bacteria and patterns
of emerging resistance.  
   14403.  (a) Notwithstanding Sections 14401 and 14402 of this code
and Section 4051 of the Business and Professions Code, medically
important antimicrobial drugs may be sold by retailers licensed
pursuant to Article 5 (commencing with Section 14321) of Chapter 4 of
Division 7 with proof of an order by a veterinarian.
   (b) The department may promulgate regulations to implement this
section. 
   14404.  (a) The  department shall adopt regulations to
promote the judicious use of medically important antimicrobial drugs
in livestock to ensure that each animal gets the maximum benefit from
the drug and help preserve the lifesaving potential of the drugs in
the future. The regulations shall include antimicrobial stewardship
guidelines that include rules on the proper use of medically
important antimicrobial drugs for disease prevention.  
department, in consultation with the Veterinary Medical Board and the
State Department of Public Health, may implement programs,
including, but not limited to, best management practices, to promote
antimicrobial stewardship in livestock to ensure that each animal
gets the intended benefit from the drug to help preserve the
lifesaving potential of the drugs in the future. The programs shall
include antimicrobial stewardship guidelines on the proper use of
medically important antimicrobial drugs for disease treatment,
control, and prevention, including, but not limited to, the
introduction of effective vaccines and good hygiene and management
practices.  
   (b) The department shall consult with livestock producers, food
animal veterinarians, and any other relevant stakeholders on ensuring
livestock timely access to treatment for producers in rural areas
with limited access to veterinary care.  
   (b) 
    (c)  For purposes of this section, "antimicrobial
stewardship" is a commitment to do all of the following:
   (1) To use medically important antimicrobial drugs only when
necessary to treat, control, and, in some cases, prevent, disease.
   (2) To  choose   select  the appropriate
medically important antimicrobial drug, and to administer the drug
correctly each time.
   (3) To use medically important antimicrobial drugs for the
shortest duration necessary and administered to the fewest animals
necessary. 
   (d) The department, in consultation with the Veterinary Medical
Board, shall sponsor projects or collaborate with universities,
cooperative extension, and veterinary, livestock, and poultry trade
associations to do the following:  
   (1) Promote and develop appropriate training materials for
veterinarians, as well as animal owners and their employees, to
promulgate good stewardship practices.  
   (2) Disseminate scientifically validated practical alternatives
that may reduce the reliance on medically important antimicrobial
drugs while maintaining and promoting animal health.  
   14405.  (a) In coordination with the National Animal Health
Monitoring System and the National Antimicrobial Resistance
Monitoring System, the department shall develop a monitoring program
that gathers information on sales, usage, resistance, and management
practice data. The monitoring system shall be compatible with, and
not duplicative of, the national monitoring system.
   (b) In order to carry out this section, the department may request
copies of veterinary feed directives and prescriptions from the
livestock owner, veterinarian, or distributor. Participation in this
effort shall be done in a manner that does not breach
veterinary-patient confidentiality laws.
   (c) The department shall seek funds from federal, state, private,
and other sources to implement this section.  
   14406.  (a) The department shall consider how best to gather
representative samples from all of the following:
   (1) California's major livestock segments.
   (2) Regions with considerable livestock production.
   (3) Representative segments of the food production chain.
   (b) The department shall work with willing participants to gather
samples and may consult with livestock producers, food animal
veterinarians, and any other relevant stakeholders on the
implementation of the monitoring system.  
   14407.  Notwithstanding the California Public Records Act (Chapter
3.5 (commencing with Section 6250) of Division 7 of Title 1 of the
Government Code), any information provided pursuant to this chapter
shall be held confidential, and shall not be disclosed to any person
or governmental agency, other than the department or the Veterinary
Medical Board, for the purposes of enforcing the Veterinary Medicine
Practice Act (Chapter 11 (commencing with Section 4800) of Division 2
of the Business and Professions Code), unless the data is aggregated
to prevent the identification of an individual farm or business.
Information may be shared with federal agencies so long as it is
protected by the federal Confidential Information Protection and
Statistical Efficiency Act of 2002 (Public Law 107-347).  
   14408.  (a) A person who violates this chapter shall be liable for
a civil penalty of not more than two hundred and fifty dollars
($250) for each day a violation occurs.
   (b) (1) For a second or subsequent violation, a person who
violates this chapter shall be punishable by an administrative fine,
levied by the secretary, in the amount of five hundred dollars ($500)
for each day a violation occurs.
   (2) In addition to the administrative fine, the violator shall
attend an educational program on the judicious use of medically
important antimicrobial drugs that has been approved by the
secretary. The violator shall successfully complete the program and
provide proof to the secretary within 90 days from the occurrence of
the violation.
   (c) In addition to the penalties set forth in this section, if the
Veterinary Medical Board determines that a veterinarian has engaged
in unprofessional conduct in violation of the Veterinary Medicine
Practice Act (Chapter 11 (commencing with Section 4800) of Division 2
of the Business and Professions Code), the veterinarian may be
subject to disciplinary sanctions pursuant to the act.
   (d) The fees collected pursuant to this article shall be deposited
into the Department of Food and Agriculture Fund and shall be
available for expenditure upon appropriation by the Legislature.

   SEC. 3.    The Legislature finds and declares that
Section 2 of this act, which adds Section 14407 to the Food and
Agricultural Code, imposes a limitation on the public's right of
access to the meetings of public bodies or the writings of public
officials and agencies within the meaning of Section 3 of Article I
of the California Constitution. Pursuant to that constitutional
provision, the Legislature makes the following findings to
demonstrate the interest protected by this limitation and the need
for protecting that interest:  
   In order to ensure the confidentiality of the information
collected pursuant to this act and the integrity of that information
for regulatory and enforcement purposes, it is necessary that this
act take effect. 
   SEC. 2.   SEC. 4.   No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.