BILL NUMBER: AB 316 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 1, 2015
AMENDED IN SENATE JUNE 30, 2015
AMENDED IN ASSEMBLY APRIL 23, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Maienschein
FEBRUARY 13, 2015
An act to add Sections 900.1 and 901.1 to
amend Section 4830 of the Business and Professions Code,
relating to veterinarians.
LEGISLATIVE COUNSEL'S DIGEST
AB 316, as amended, Maienschein. Veterinarians: cruelty incidents.
(1) Under
Under existing law, the Veterinary Medicine Practice
Act, the Veterinary Medical Board licenses and regulates
veterinarians and the practice of veterinary medicine. It is unlawful
for any person to practice veterinary medicine in this state unless
he or she holds a valid, unexpired, and unrevoked license issued by
the board, except under specified circumstances, including when
regularly licensed veterinarians are actually called from other
states to attend cases in this state and do not open an office or
appoint a place to do business within the state.
This bill would further specify, for purposes of that provision,
that a regularly licensed veterinarian in good standing who is called
from another state by a law enforcement agency or animal control
agency to attend to cases that are a part of an investigation of an
alleged violation of federal or state animal fighting or animal
cruelty laws within a single geographic location shall be exempt from
specified licensing requirements if the agency determines that it is
necessary to call the veterinarian in order to conduct the
investigation, as specified. The bill would require an agency,
department, or officer that calls a veterinarian pursuant to these
provisions to notify the board of the investigation. The bill would
also authorize a veterinarian who is called from another state to
care for animals that are affected by an investigation with a
temporary shelter facility established only for the purpose of the
investigation, which would be exempt from specified registration
requirements if it meets specified conditions.
Existing law exempts a health care practitioner licensed in
another state or territory of the United States, who offers or
provides health care for which he or she is licensed, from medical
professional licensing requirements if the health care is provided
only during a state of emergency upon the request of the Director of
the Emergency Medical Services Authority, or if the practitioner is
authorized by the relevant licensing board to participate in an event
through which health care is provided to the public without
compensation to the practitioner and other specified requirements are
met.
This bill would authorize a sponsoring entity, as defined, to
operate a temporary shelter to provide care to animals seized as a
result of a cruelty incident, as defined, and deploy veterinary
health care practitioners, as defined, licensed or certified by, and
in good standing in, another state, district, or territory of the
United States to this state to provide the veterinary health care
services, for which the practitioner is licensed or certified, to the
animals seized as a result of the cruelty incident. The bill would
exempt a veterinary health care practitioner deployed by the
sponsoring entity from medical professional licensing requirements if
the practitioner receives authorization from the Veterinary Medical
Board and other specified requirements are met.
(2) The Veterinary Medicine Practice Act requires the registration
of all premises where veterinary medicine, veterinary dentistry, or
veterinary surgery is being practiced. That act also requires these
premises, and all instruments, apparatus, and apparel used in
connection with those practices to be kept clean and sanitary at all
times, and to conform to those minimum standards established by the
board. Existing law makes it a misdemeanor to violate these
provisions regulating the practice of veterinary medicine.
This bill would exempt a temporary shelter from that registration
requirement if the temporary shelter is established to provide care
and shelter to animals seized as a result of a cruelty incident and
other specified conditions are met.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4830 of the Business
and Professions Code is amended to read:
4830. (a) This chapter does not apply to:
(1) Veterinarians while serving in any armed branch of the
military service of the United States or the United States Department
of Agriculture while actually engaged and employed in their official
capacity.
(2) Regularly licensed veterinarians in actual consultation from
other states.
(3) Regularly licensed veterinarians actually called from other
states to attend cases in this state, but who do not open an office
or appoint a place to do business within this state.
(4) Veterinarians employed by the University of California while
engaged in the performance of duties in connection with the College
of Agriculture, the Agricultural Experiment Station, the School of
Veterinary Medicine, or the agricultural extension work of the
university or employed by the Western University of Health Sciences
while engaged in the performance of duties in connection with the
College of Veterinary Medicine or the agricultural extension work of
the university.
(5) Students in the School of Veterinary Medicine of the
University of California or the College of Veterinary Medicine of the
Western University of Health Sciences who participate in diagnosis
and treatment as part of their educational experience, including
those in off-campus educational programs under the direct supervision
of a licensed veterinarian in good standing, as defined in paragraph
(1) of subdivision (b) of Section 4848, appointed by the University
of California, Davis, or the Western University of Health Sciences.
(6) A veterinarian who is employed by the Meat and Poultry
Inspection Branch of the California Department of Food and
Agriculture while actually engaged and employed in his or her
official capacity. A person exempt under this paragraph shall not
otherwise engage in the practice of veterinary medicine unless he or
she is issued a license by the board.
(7) Unlicensed personnel employed by the Department of Food and
Agriculture or the United States Department of Agriculture when in
the course of their duties they are directed by a veterinarian
supervisor to conduct an examination, obtain biological specimens,
apply biological tests, or administer medications or biological
products as part of government disease or condition monitoring,
investigation, control, or eradication activities.
(b) (1) For purposes of paragraph (3) of subdivision (a), a
regularly licensed veterinarian in good standing who is called from
another state by a law enforcement agency or animal control agency,
as defined in Section 31606 of the Food and Agricultural Code, to
attend to cases that are a part of an investigation of an alleged
violation of federal or state animal fighting or animal cruelty laws
within a single geographic location shall be exempt from the
licensing requirements of this chapter if the law enforcement agency
or animal control agency determines that it is necessary to call the
veterinarian in order for the agency or officer to conduct the
investigation in a timely, efficient, and effective manner. In
determining whether it is necessary to call a veterinarian from
another state, consideration shall be given to the availability of
veterinarians in this state to attend to these cases. An agency,
department, or officer that calls a veterinarian pursuant to this
subdivision shall notify the board of the investigation.
(2) Notwithstanding any other provision of this chapter, a
regularly licensed veterinarian in good standing who is called from
another state to attend to cases that are a part of an investigation
described in paragraph (1) may provide veterinary medical care for
animals that are affected by the investigation with a temporary
shelter facility, and the temporary shelter facility shall be exempt
from the registration requirement of Section 4853 if all of the
following conditions are met:
(A) The temporary shelter facility is established only for the
purpose of the investigation.
(B) The temporary shelter facility provides veterinary medical
care, shelter, food, and water only to animals that are affected by
the investigation.
(C) The temporary shelter facility complies with Section 4854.
(D) The temporary shelter facility exists for not more than 60
days, unless the law enforcement agency or animal control agency
determines that a longer period of time is necessary to complete the
investigation.
(E) Within 30 calendar days upon completion of the provision of
veterinary health care services at a temporary shelter facility
established pursuant to this section, the veterinarian called from
another state by a law enforcement agency or animal control agency to
attend to a case shall file a report with the board. The report
shall contain the date, place, type, and general description of the
care provided, along with a listing of the veterinary health care
practitioners who participated in providing that care.
(c) For purposes of paragraph (3) of subdivision (a), the board
may inspect temporary facilities established pursuant to this
section.
(b)
This section shall become operative on January 1, 2011.
SECTION 1. Section 900.1 is added to the
Business and Professions Code, to read:
900.1. Notwithstanding any other law, a temporary shelter shall
be exempt from the premises registration requirements of Chapter 11
(commencing with Section 4800) if all of the following requirements
are met:
(a) The temporary shelter is established to provide care and
shelter to animals seized as a result of a cruelty incident and only
provides care and shelter to those animals.
(b) The temporary shelter is operated by a veterinary health care
practitioner licensed or certified by, and in good standing in,
another state, district, or territory of the United States, who is
deployed to this state by a sponsoring entity pursuant to Section
901.1.
(c) The temporary shelter complies with Section 4854.
(d) The temporary shelter does not operate beyond a
60-calendar-day period per cruelty incident. If an animal control
department or state or federal law enforcement agency determines that
the cruelty incident will exceed the initial 60-calendar-day period,
the animal control department or state or federal law enforcement
agency shall grant an extension of that period in 30-calendar-day
increments until the cruelty incident is concluded.
SEC. 2. Section 901.1 is added to the Business
and Professions Code, to read:
901.1. (a) For purposes of this section and Section 900.1, the
following provisions apply:
(1) "Animal control department" has the meaning set forth in
Section 31606 of the Food and Agricultural Code.
(2) "Board" means the Veterinary Medical Board.
(3) "Cruelty incident" means an alleged violation of a federal or
state animal fighting or animal cruelty law that involves numerous
animals and overwhelms the response capabilities of California's
veterinary health care practitioners.
(4) "Sponsoring entity" means a nonprofit organization organized
pursuant to Section 501(c)(3) of the Internal Revenue Code that
employs licensed veterinarians.
(5) "Veterinary health care practitioner" or "practitioner" means
any person who engages in acts that are subject to licensure or
regulation under Chapter 11 (commencing with Section 4800).
(b) In the event of a cruelty incident, and at the request of an
animal control department or state or federal law enforcement agency,
a sponsoring entity may operate a temporary shelter to provide care
to animals seized as a result of a cruelty incident and deploy
veterinary health care practitioners licensed or certified by, and in
good standing in, another state, district, or territory of the
United States to this state to provide the veterinary health care
services, for which the practitioner is licensed or certified, to the
animals seized as a result of the cruelty incident. A veterinary
health care practitioner deployed by a sponsoring entity pursuant to
this section is exempt from the requirement for licensure under this
division if all of the following requirements are met:
(1) Prior to providing services, the practitioner does all of the
following:
(A) Obtains authorization from the board to be deployed by a
sponsoring entity after submitting to the board a copy of his or her
valid license or certificate from each state in which he or she holds
licensure or certification and a photographic identification issued
by one of the states in which he or she holds licensure or
certification. The board shall notify the veterinary health care
practitioner, within 20 calendar days of receiving a request for
authorization, whether that request is approved or denied, provided
that, if the board receives a request for authorization less than 20
calendar days prior to the date of deployment in response to a
cruelty incident, the board shall make reasonable efforts to notify
the sponsoring entity whether that request is approved or denied
prior to the date of that deployment. Authorization shall expire 12
months from the date of initial authorization unless the veterinary
health care practitioner has resubmitted the required information for
renewal at least 20 calendar days prior to expiration.
(B) Satisfies the following requirements:
(i) The veterinary health care practitioner has not committed any
act or been convicted of a crime constituting grounds for denial of
licensure or registration under Section 480 and is in good standing
in each state in which he or she holds licensure or certification.
(ii) The veterinary health care practitioner has the appropriate
education and experience to provide veterinary health care services
to animals seized as a result of a cruelty incident, as determined by
the board.
(iii) The veterinary health care practitioner agrees to comply
with all applicable practice requirements set forth in this division
and the regulations adopted pursuant to this division.
(C) Submits to the board, on a form prescribed by the board, a
request for authorization to practice without a license, and pays a
fee, in an amount determined by the board by regulation, which shall
be available, upon appropriation, to cover the cost of developing the
authorization process and processing the request.
(2) The services are provided under all of the following
circumstances:
(A) Only to animals seized as the result of the cruelty incident.
(B) On a short-term voluntary basis, not to exceed a
60-calendar-day period per cruelty incident. If an animal control
department or state or federal law enforcement agency determines that
the cruelty incident will exceed the initial 60-calendar-day period,
the animal control department or state or federal law enforcement
agency shall grant an extension of that period in 30-calendar-day
increments until the cruelty incident is concluded.
(C) In association with a sponsoring entity registered with the
board pursuant to subdivision (d).
(D) Without charge to the recipient or to a third party on behalf
of the recipient.
(c) The board may deny a veterinary health care practitioner
authorization to practice without a license if the practitioner fails
to comply with the requirements of this section or for any act that
would be grounds for denial of an application for licensure.
(d) A sponsoring entity seeking board approval to deploy
veterinary health care practitioners to California in order to
provide veterinary health care services in response to a cruelty
incident pursuant to this section shall register with the board by
completing a registration form that includes all of the following:
(1) The name of the sponsoring entity.
(2) The name of the principal individual or individuals who are
the officers or organizational officials responsible for the
operation of the sponsoring entity.
(3) The address, including street, city, ZIP Code, and county, of
the sponsoring entity's principal office and each individual listed
pursuant to paragraph (2).
(4) The telephone number for the principal office of the
sponsoring entity and each individual listed pursuant to paragraph
(2).
(5) Any additional information required by the board.
(e) Within 30 calendar days of the provision of veterinary health
care services pursuant to this section, the sponsoring entity shall
file a report with the board. This report shall contain the date,
place, type, and general description of the care provided, along with
a listing of the veterinary health care practitioners who
participated in providing that care.
(f) The sponsoring entity shall maintain a list of veterinary
health care practitioners associated with the provision of veterinary
health care services pursuant to this section. The sponsoring entity
shall maintain a copy of each veterinary health care practitioner's
current license or certification and shall require each veterinary
health care practitioner to attest in writing that his or her license
or certificate is not suspended or revoked pursuant to disciplinary
proceedings in any jurisdiction. The sponsoring entity shall maintain
these records for a period of at least five years following the
provision of veterinary health care services pursuant to this section
and shall, upon request, furnish those records to the board.
(g) A contract of liability insurance issued, amended, or renewed
in this state on or after January 1, 2016, shall not exclude coverage
of a veterinary health care practitioner or a sponsoring entity that
provides, or arranges for the provision of, veterinary health care
services pursuant to this section, provided that the practitioner or
sponsoring entity complies with this section.
(h) Subdivision (b) shall not be construed to authorize a
veterinary health care practitioner to render care outside the scope
of practice authorized by his or her license or certificate or this
division.
(i) (1) The board may terminate authorization for a veterinary
health care practitioner to provide veterinary health care services
pursuant to this section for failure to comply with this section, any
applicable practice requirement set forth in this division, any
regulations adopted pursuant to this division, or for any act that
would be grounds for discipline if done by a licensee.
(2) If the board terminates authorization, the board shall provide
both the sponsoring entity and the veterinary health care
practitioner with a written notice of termination including the basis
for that termination. The veterinary health care practitioner may,
within 30 days after the date of the receipt of notice of
termination, file a written appeal to the board. The appeal shall
include any documentation the veterinary health care practitioner
wishes to present to the board.
(3) A veterinary health care practitioner whose authorization to
provide veterinary health care services pursuant to this section has
been terminated shall not provide veterinary health care services
pursuant to this section unless and until a subsequent request for
authorization has been approved by the board. A veterinary health
care practitioner who provides veterinary health care services in
violation of this paragraph shall be deemed to be practicing
veterinary health care in violation of the applicable provisions of
this division, and be subject to any applicable administrative,
civil, or criminal fines, penalties, and other sanctions provided in
this division.