Bill Text: CA AB316 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Veterinarians: cruelty incidents.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-10-07 - Chaptered by Secretary of State - Chapter 556, Statutes of 2015. [AB316 Detail]

Download: California-2015-AB316-Amended.html

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BILL NUMBER: AB 316	AMENDED
	BILL TEXT

	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.   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 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 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. 

   This bill would make a technical, nonsubstantive change to these
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  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 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) This section shall become operative on January 1, 2011.
 
   (b) (1) For purposes of paragraph (3) of subdivision (a), a
regularly licensed veterinarian 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 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.