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
Senate
July 07, 2021 |
Amended
IN
Assembly
May 24, 2021 |
Amended
IN
Assembly
April 15, 2021 |
Introduced by Assembly Member Bloom (Principal coauthor: Senator Wilk) (Coauthors: Assembly Members Mayes, Mullin, and Mathis) |
February 19, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
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: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 premises, 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:4836.6.
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. 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:(a)
(b)
(c)
(d)
(e)Upon publication pursuant to Section 4920.5, follow the latest guidelines and best practices issued by the Veterinary Medical Board regarding community blood banks.
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.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.
4920.6.4920.5.
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.4920.7.4920.6.
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:4920.8.4920.7.
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. 4920.8.
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. 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. 6.
Section 9202 of the Food and Agricultural Code is repealed.SEC. 7.
Section 9203 of the Food and Agricultural Code is repealed.SEC. 8.
Section 9204 of the Food and Agricultural Code is repealed.SEC. 9.
Section 9205 of the Food and Agricultural Code is repealed.SEC. 10.
Section 9206 of the Food and Agricultural Code is repealed.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. 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. 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(A)Based on the retroactive quarterly reports required under subdivision (c) of Section 9253, the secretary shall calculate the average annual volume of canine blood
sold in 2018, 2019, and 2020 by closed-colony blood banks and publicly post this amount on the department’s internet website.
(B)
(C)
SEC. 14.
Section 9221 of the Food and Agricultural Code is amended to read:9221.
An application for a license for any establishment that produces, or proposes to produce, animal blood and blood component products from a closed-colony blood bank shall be made on forms issued by the secretary. The application shall contain all of the following:SEC. 15.
Section 9222 is added to the Food and Agricultural Code, to read:9222.
(a) A commercial blood bank for animals shall not discriminate against veterinarians licensed in California in the sale of animal blood or blood component products.SEC. 16.
Section 9231 of the Food and Agricultural Code is amended to read:9231.
The license application fee and license renewal fee under this chapter for an establishment proposing to produce or producing animal blood and blood component products from a closed-colony blood bank shall be as follows:(e)The fees required by this section are maximum, and may be fixed by the secretary at a lesser amount for any fiscal year whenever the secretary finds that the cost of administering this chapter can be defrayed from revenues derived from the lower fees.
SEC. 17.
Section 9241 of the Food and Agricultural Code is amended to read:9241.
No person shall offer for sale or use any of the following:SEC. 18.
Section 9244 of the Food and Agricultural Code is amended to read:9244.
(a) An application for registration of blood or a blood component product shall include all of the following:(5)The fees required by this section shall be the maximum amount and may be fixed by the secretary at a lesser amount for any fiscal year whenever the secretary finds that the cost of administering
this chapter can be defrayed from revenues derived from the lower fees.
SEC. 19.
Section 9252 is added to the Food and Agricultural Code, to read:9252.
(a) The secretary shall track, administer, and enforce the safe importation and sale of animal blood and blood component products from out-of-state blood banks for animals that produce those blood and blood component products in compliance with California standards.SEC. 20.
Section 9253 is added to the Food and Agricultural Code, to read:9253.
(a) A closed-colony blood bank licensed under this chapter shall maintain an onsite record of the number of donations collected from captive animals, the(c)A closed-colony blood bank for canines licensed by the department shall submit retroactive reports to the secretary containing the information under subdivision (b) for 2018, 2019, and 2020.
(d)
(e)