BILL NUMBER: AB 316 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 23, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Maienschein
FEBRUARY 13, 2015
An act to amend Section 4830 of the Business and Professions Code,
relating to veterinarians.
LEGISLATIVE COUNSEL'S DIGEST
AB 316, as amended, Maienschein. Veterinarians.
Under existing law, 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 specifically exempt from these licensing
requirements a regularly licensed veterinarian in good standing
who is called from another state by a law enforcement agency,
animal control department, or a humane officer to attend to cases
that are part of an investigation of an alleged violation of federal
or state animal fighting or animal cruelty laws within a single
geographic location when the law enforcement agency, animal control
department, or humane officer determines that it is necessary to call
the veterinarian to conduct the investigation in a timely,
efficient, and effective manner.
Existing law requires the registration of all premises where
veterinary medicine, veterinary dentistry, or veterinary surgery is
being practiced. Existing law 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 authorize a regularly licensed veterinarian
in good standing who is called from another state to attend to
cases that are a part of the above described investigation to provide
veterinary medical care to animals that are affected by the
investigation within a temporary shelter facility and would exempt
the temporary shelter facility from the registration requirement if
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 in good standing
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 the
person 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, animal control
department, as defined in Section 31606 of the Food and Agricultural
Code, or a humane officer appointed pursuant to Section 14502 of the
Corporations 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 when
the law enforcement agency, animal control department, or humane
officer 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
this 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
within 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
purposes of the investigation.
(B) The temporary shelter facility provides veterinary medical
care, shelter, food, and water only to the animals that are affected
by the investigation.
(C) The temporary shelter facility complies with Section 4854.
(D) A notice is posted in a conspicuous location near the
temporary shelter facility to indicate that the facility is in use
for the veterinary medical care of animals affected by an
investigation into alleged violations of federal or state laws.
(E) The temporary shelter facility exists for not more than 60
days, unless the law enforcement agency, animal control agency, or
humane officer determines a longer period of time is necessary to
complete the investigation.