Bill Text: CA AB1282 | 2021-2022 | Regular Session | Amended
Bill Title: Veterinary medicine: blood banks for animals.
Spectrum:
Status: (Passed) 2021-10-09 - Chaptered by Secretary of State - Chapter 752, Statutes of 2021. [AB1282 Detail]
Download: California-2021-AB1282-Amended.html
Amended
IN
Assembly
April 15, 2021 |
Introduced by Assembly Member Bloom (Principal coauthor: Senator Wilk) (Coauthor: Assembly Member Mayes) |
February 19, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
(11)
(12)
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 4826 of the Business and Professions Code is amended to read:4826.
A person practices veterinary medicine, surgery, and dentistry, and the various branches thereof, when the person does any one of the following:(a)Notwithstanding any other law, a registered veterinary technician or a veterinary assistant may administer a drug, including, but not limited to, a drug that is a controlled substance, and may collect blood from an animal for the purpose of transferring or selling the blood and blood component products to a licensed veterinarian at a registered premise, under the direct or indirect supervision of a licensed veterinarian when done pursuant to the order, control, and full professional responsibility of a licensed veterinarian. However, no person, other than a licensed veterinarian, may induce anesthesia unless authorized by regulation of the board.
(b)A veterinary assistant may obtain or administer a controlled substance pursuant to the order, control, and full professional responsibility of a licensed veterinarian, only if that veterinary assistant meets both of the following
conditions:
(1)Is designated by a licensed veterinarian to obtain or administer controlled substances.
(2)Holds a valid veterinary assistant controlled substance permit issued pursuant to Section 4836.2.
(c)Notwithstanding subdivision (b), if the Veterinary Medical Board, in consultation with the Board of Pharmacy, identifies a dangerous drug, as defined in Section 4022, as a drug that has an established pattern of being diverted, the Veterinary Medical Board may restrict access to that drug by veterinary assistants.
(d)For purposes of this section, the following definitions apply:
(1)“Blood and blood component products” has the same meaning as that term is defined in Section 4920.
(2)“Controlled substance” has the same meaning as that term is defined in Section 11007 of the Health
and Safety Code.
(3)“Direct supervision” has the same meaning as that term is defined in subdivision (e) of Section 2034 of Title 16 of the California Code of Regulations.
(4)“Drug” has the same meaning as that term is defined in Section 11014 of the Health and Safety Code.
(5)“Indirect supervision” has the same meaning as that term is defined in subdivision (f) of Section 2034 of Title 16 of the California Code of Regulations.
(e)This section shall become operative on the date Section 4836.2 becomes operative.
SEC. 2.
Section 4836.5 is added to the Business and Professions Code, to read:4836.5.
(a) Notwithstanding any other law, a registered veterinary technician or a veterinary assistant may collect blood from an animal for the purpose of transferring or selling the blood and blood component products to a licensed veterinarian at a registered premise, under the direct or indirect supervision of a licensed veterinarian when done pursuant to the order, control, and full professional responsibility of a licensed veterinarian.SEC. 3.
Section 4836.5 of the Business and Professions Code is amended and renumbered to read:4836.5.4836.6.
The board shall take action pursuant to Article 4 (commencing with Section 4875) of this chapter against any veterinarian licensed or authorized to practice in this state who permits any registered veterinary technician or veterinary assistant to perform any animal health care services other than those allowed by this article.SEC. 3.SEC. 4.
Article 7 (commencing with Section 4920) is added to Chapter 11 of Division 2 of the Business and Professions Code, to read:Article 7. Community Blood Banks for Animals
4920.
For the purposes of this article, the following definitions apply:4920.1.
For purposes of liability pursuant to this article, the production and use of whole blood, plasma, blood products, and blood derivatives for purposes of injecting or transfusing the same, or any of them, into an animal shall be construed to be, and is declared to be, the rendition of a service by each and every person, firm, or corporation participating therein, and shall not be construed to be, and is declared not to be, a sale of that whole blood, plasma, blood products, or blood derivatives.4920.2.
Each veterinarian who is licensed in California and engages in the production of animal blood and blood component products solely for use in their own practice or for a community blood bank operating under this article shall meet all of the following conditions:(e)
(f)Maintain
onsite records containing information documenting any history of blood draws or use of anesthesia on the animal, the number of donations collected, the units of blood sold, any adverse events, and any complaints from owners regarding animals who donate blood or blood component products.
4920.3.
(a) A veterinarian or a community blood bank operating under this article shall not provide payment to a person who provides an animal for the purpose of donating that animal’s blood and blood component products for use in their practice or for retail sale and distribution.4920.4.
The Veterinary Medical Board may establish a community blood bank registration fee and appropriate renewal fee to be paid by community blood banks to cover costs associated with oversight and inspection of the premises. The fee shall not exceed the reasonable regulatory costs of administering, implementing, and enforcing the provisions of this article.4920.5.
The Veterinary Medical Board, upon appropriation by the Legislature, shall hire a consultant to assist in developing guidelines and best practices for veterinarians to follow when operating community blood banks. By January 1, 2023, the board shall adopt such guidelines and publish them on its internet website. The board shall update the guidelines as appropriate.4920.5.4920.6.
A community blood bank operating under this article shall comply with blood or blood component product registration requirements under Article 5 (commencing with Section 9241) of Chapter 1.5 of Part 1 of Division 5 of the Food and Agricultural Code.4920.6.4920.7.
A community blood bank operating under this article shall submit a quarterly report to the Department of Food and Agriculture every three months that includes all of the following information:4920.7.4920.8.
Each veterinarian who is licensed in California and operates a closed-colony blood bank shall comply with Chapter 1.5 (commencing with Section 9201) of Part 1 of Division 5 of the Food and Agricultural Code.4920.9.
A violation of this article by a community blood bank shall constitute a cause for corrective action, suspension, restriction, or the nonrenewal or revocation of a license or registration by the Veterinary Medical Board pursuant to Article 4 (commencing with Section 4875).SEC. 4.SEC. 5.
Section 9201 of the Food and Agricultural Code is amended to read:9201.
Unless the context otherwise requires, the following definitions govern the construction of this chapter:SEC. 5.SEC. 6.
Section 9202 of the Food and Agricultural Code is repealed.SEC. 6.SEC. 7.
Section 9203 of the Food and Agricultural Code is repealed.SEC. 7.SEC. 8.
Section 9204 of the Food and Agricultural Code is repealed.SEC. 8.SEC. 9.
Section 9205 of the Food and Agricultural Code is repealed.SEC. 9.SEC. 10.
Section 9206 of the Food and Agricultural Code is repealed.SEC. 10.SEC. 11.
Section 9210 of the Food and Agricultural Code is amended to read:9210.
(a) A person shall not engage in the production of animal blood and blood component products for retail sale and distribution except in a captive closed-colony commercial blood bank for animals licensed by the secretary or in accordance with Article 7 (commencing with Section 4920) of Chapter 11 of Division 2 of the Business and Professions Code.SEC. 11.SEC. 12.
Section 9212 of the Food and Agricultural Code is amended to read:9212.
The secretary shall license establishments as captive closed-colony commercial blood banks for animals that meet all of the following:SEC. 12.SEC. 13.
Section 9212.5 is added to the Food and Agricultural Code, to read:9212.5.
(a) (1) The department shall discontinue its licensing program for commercial blood banks for animals that produce canine blood and blood component products sourced from captive closed-colony dogs within 12 months of making a finding and provision of notice as follows:(1)
(2)
(3)