BILL NUMBER: SB 490 CHAPTERED
BILL TEXT
CHAPTER 418
FILED WITH SECRETARY OF STATE SEPTEMBER 16, 1999
APPROVED BY GOVERNOR SEPTEMBER 16, 1999
PASSED THE SENATE AUGUST 31, 1999
PASSED THE ASSEMBLY AUGUST 26, 1999
AMENDED IN ASSEMBLY JULY 8, 1999
AMENDED IN ASSEMBLY JUNE 23, 1999
AMENDED IN SENATE MAY 19, 1999
AMENDED IN SENATE MAY 3, 1999
AMENDED IN SENATE APRIL 19, 1999
INTRODUCED BY Senator Kelley
FEBRUARY 18, 1999
An act to add Section 4857 to the Business and Professions Code,
and to amend Section 121690 of the Health and Safety Code, relating
to veterinary medicine.
LEGISLATIVE COUNSEL'S DIGEST
SB 490, Kelley. Veterinary medicine: records.
(1) Existing law regulates the practice of veterinary medicine.
Among other provisions, a veterinarian is required to keep a written
record of all animals receiving veterinary services and to provide a
summary of those records to the owners of the animals receiving
services upon request. Any person who violates, or who aids or abets
in violating, provisions governing veterinary medicine is guilty of
a misdemeanor.
This bill would prohibit a veterinarian from disclosing
information concerning an animal receiving veterinary care, the
client responsible for that animal, or the veterinary care provided
to an animal except under specified circumstances. By creating a new
crime, the bill would impose a state-mandated local program.
(2) Existing law specifies certain licensing and vaccination
requirements for dogs in rabies areas.
This bill would provide that all information obtained from a dog
owner by compliance with the provisions relating to rabies control is
confidential to the dog owner and proprietary to the veterinarian,
and may not be released except as specified.
(3) 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4857 is added to the Business and Professions
Code, to read:
4857. (a) A veterinarian licensed under the provisions of this
chapter shall not disclose any information concerning an animal
receiving veterinary services, the client responsible for the animal
receiving veterinary services, or the veterinary care provided to an
animal, except under any one of the following circumstances:
(1) Upon written or witnessed oral authorization by knowing and
informed consent of the client responsible for the animal receiving
services or an authorized agent of the client.
(2) Upon authorization received by electronic transmission when
originated by the client responsible for the animal receiving
services or an authorized agent of the client.
(3) In response to a valid court order or subpoena.
(4) As may be required to ensure compliance with any federal,
state, county, or city laws or regulations.
(5) Nothing in this section is intended to prevent the sharing of
veterinary medical information between veterinarians or facilities
for the purpose of diagnosis or treatment of the animal who is the
subject of the medical records.
(6) As otherwise provided in this section.
(b) This section shall not apply to the extent that the client
responsible for an animal or an authorized agent of the client
responsible for the animal has filed or caused to be filed a civil or
criminal complaint that places the veterinarian's care and treatment
of the animal or the nature and extent of the injuries to the animal
at issue , or when the veterinarian is acting to comply with federal
, state, county, or city laws or regulations.
(c) A veterinarian shall be subject to the criminal penalties set
forth in Section 4831 or any other provision of this code for a
violation of this section. In addition, any veterinarian who
negligently releases confidential information shall be liable in a
civil action for any damages caused by the release of that
information.
(d) Nothing in this section is intended to prevent the sharing of
veterinary medical information between veterinarians and peace
officers, humane society officers, or animal control officers who are
acting to protect the welfare of animals.
SEC. 2. Section 121690 of the Health and Safety Code is amended to
read:
121690. In rabies areas, all of the following shall apply:
(a) Every dog owner, after his or her dog attains the age of four
months, shall no less than once every two years secure a license for
the dog as provided by ordinance of the responsible city, city and
county, or county. License fees shall be fixed by the responsible
city, city and county, or county, at an amount not to exceed
limitations otherwise prescribed by state law or city, city and
county, or county charter.
(b) Every dog owner, after his or her dog attains the age of four
months, shall, at intervals of time not more often than once a year,
as may be prescribed by the department, procure its vaccination by a
licensed veterinarian with a canine antirabies vaccine approved by,
and in a manner prescribed by, the department.
(c) All dogs under four months of age shall be confined to the
premises of, or kept under physical restraint by, the owner, keeper,
or harborer. Nothing in this chapter and Section 120435 shall be
construed to prevent the sale or transportation of a puppy four
months old or younger.
(d) Any dog in violation of this chapter and any additional
provisions that may be prescribed by any local governing body shall
be impounded, as provided by local ordinance.
(e) It shall be the duty of the governing body of each city, city
and county, or county to maintain or provide for the maintenance of a
pound system and a rabies control program for the purpose of
carrying out and enforcing this section.
(f) It shall be the responsibility of each city, county, or city
and county to provide dog vaccination clinics, or to arrange for dog
vaccination at clinics operated by veterinary groups or associations,
held at strategic locations throughout each city, city and county,
or county. The vaccination and licensing procedures may be combined
as a single operation in the clinics. No charge in excess of the
actual cost shall be made for any one vaccination at a clinic. No
owner of a dog shall be required to have his or her dog vaccinated at
a public clinic if the owner elects to have the dog vaccinated by a
licensed veterinarian of the owner's choice.
All public clinics shall be required to operate under antiseptic
immunization conditions comparable to those used in the vaccination
of human beings.
(g) In addition to the authority provided in subdivision (a), the
ordinance of the responsible city, city and county, or county may
provide for the issuance of a license for a period not to exceed
three years for dogs that have attained the age of 12 months or older
and have been vaccinated against rabies. The person to whom the
license is issued pursuant to this subdivision may choose a license
period as established by the governing body of up to one, two, or
three years. However, when issuing a license pursuant to this
subdivision, the license period shall not extend beyond the remaining
period of validity for the current rabies vaccination. A dog owner
who complies with this subdivision shall be deemed to have complied
with the requirements of subdivision (a).
(h) All information obtained from a dog owner by compliance with
this chapter is confidential to the dog owner and proprietary to the
veterinarian. This information shall not be used, distributed, or
released for any purpose, except to ensure compliance with existing
federal, state, county, or city laws or regulations.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB 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 XIIIB of the California Constitution.