Bill Text: CA SB669 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Veterinarians: veterinarian-client-patient relationship.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-10-13 - Chaptered by Secretary of State. Chapter 882, Statutes of 2023. [SB669 Detail]
Download: California-2023-SB669-Amended.html
NOYES
Local Program:
NOYES
SECTION 1. Section 122318 of the Health and Safety Code is amended to read: 122318.
Bill Title: Veterinarians: veterinarian-client-patient relationship.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-10-13 - Chaptered by Secretary of State. Chapter 882, Statutes of 2023. [SB669 Detail]
Download: California-2023-SB669-Amended.html
|
Amended
IN
Senate
March 21, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 669
| Introduced by Senator Cortese |
February 16, 2023 |
An act to amend Section 122318 of the Health and Safety Code, relating to support animals. add Section 4826.6 to the Business and Professions Code, relating to veterinary medicine.
LEGISLATIVE COUNSEL'S DIGEST
SB 669, as amended, Cortese.
Pets and veterinary services: emotional support dogs. Veterinarians: veterinarian-client-patient relationship.
(1) Existing law, the Veterinary Medicine Practice Act, establishes the Veterinary Medical Board within the Department of Consumer Affairs for the licensure and regulation of veterinarians and the practice of veterinary medicine. Existing law makes a violation of the act a crime. The act prohibits any person from practicing veterinary medicine, as defined, without a license.
Existing law authorizes the board to adopt regulations that are reasonably necessary to carry into effect the provisions of the act. Pursuant to that authority, existing regulations make it unprofessional conduct for a veterinarian to render specified treatment of
an animal without an established veterinarian-client-patient relationship, as specified. Existing regulations also prohibit a person from practicing veterinary medicine in this state outside the context of a veterinarian-client-patient relationship or as otherwise permitted by law.
This bill would codify the board’s above-described promulgated regulations by providing that it is unprofessional conduct for a veterinarian to administer, prescribe, dispense or furnish a drug, medicine, appliance, or treatment of whatever nature for the prevention, cure, or relief of a wound, fracture or bodily injury, or disease of an animal without having first established a veterinarian-client-patient relationship with the animal patient and the client, except as specified. The bill would authorize a veterinarian-client-patient relationship to be established if specified
conditions are satisfied. This bill would, notwithstanding those provisions, authorize a veterinarian, for the purpose of permitting a registered veterinary technician to administer to an animal patient preventive or prophylactic vaccines or medications for the control or eradication of an apparent or anticipated internal or external parasite, to establish a veterinarian-client-patient relationship by satisfying other specified criteria.
(2) Existing regulations adopted by the board prohibit a drug from being prescribed for a duration inconsistent with the medical condition of the animal or the type of drug prescribed and a veterinarian from prescribing a drug for a duration longer than one year from the date the veterinarian examined the animal and prescribed the drug.
This bill would codify the
board’s regulation prohibiting a veterinarian from prescribing a drug for a duration that is inconsistent with the medical condition of the animal or type of drug prescribed and from prescribing a drug for a duration longer than one year from the date that the veterinarian examined the animal and prescribed the drug.
Because a violation of the bill’s provisions would be a crime under the Veterinary Medicine Practice Act, the bill would impose a state-mandated local program.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is
required by this act for a specified reason.
Existing law prohibits a health care practitioner from providing documentation relating to an individual’s need for an emotional support dog unless the health care practitioner complies with specified criteria, including, among other things, that the health care practitioner establish a client-provider relationship with the individual for at least 30 days prior to providing the documentation, except as specified.
This bill would make a technical, nonsubstantive change to that provision.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 4826.6 is added to the Business and Professions Code, to read:4826.6.
(a) It is unprofessional conduct for a veterinarian to administer, prescribe, dispense or furnish a drug, medicine, appliance, or treatment of whatever nature for the prevention, cure, or relief of a wound, fracture or bodily injury, or disease of an animal without having first established a veterinarian-client-patient relationship with the animal patient and the client as provided in this section, unless the patient is a wild animal, the owner is unknown, or rabies vaccines are prophylactically administered to the animal to prevent disease or loss of life.(b) Except as provided in subdivision (c), a veterinarian-client-patient relationship may be established if all of the following occur:
(1) The client authorizes the veterinarian to assume responsibility for making medical judgments regarding the health of the animal, including the need for medical treatment.
(2) The veterinarian has sufficient knowledge of the animal to initiate at least a general or preliminary diagnosis of the medical condition of the animal because the veterinarian is personally acquainted with the care of the animal by virtue of an examination of the animal or by medically appropriate and timely visits to the premises where the animal is kept.
(3) The veterinarian has assumed responsibility for making medical judgments regarding the health of the animal and has communicated with the client about a course of treatment, diagnostics, or a therapeutic plan appropriate to the circumstance.
(c) Notwithstanding
subdivision (b), for the purpose of permitting a registered veterinary technician to administer to an animal patient preventive or prophylactic vaccines or medications for the control or eradication of an apparent or anticipated internal or external parasite, a veterinarian may establish a veterinarian-client-patient relationship, if all of the following conditions are met:
(1) The registered veterinary technician administers preventive or prophylactic vaccines or medications for the control or eradication of apparent or anticipated internal or external parasites in an animal hospital setting under the indirect supervision of the licensed veterinarian or supervisor.
(2) If working at a location other than registered veterinary premises with unhoused or underserved communities, the veterinarian may authorize a registered veterinary technician to administer preventive or
prophylactic vaccines or medications for the control or eradication of apparent or anticipated internal or external parasites under the indirect supervision of the licensed veterinarian or supervisor only if animals can be transported to a licensed animal hospital within five miles of the field operation and the licensed animal hospital agrees in advance to take, treat, and admit any animal suffering adverse effects from the vaccination or medication.
(3) The registered veterinary technician examines the animal patient and administers preventive or prophylactic vaccines or medications for the control or eradication of apparent or anticipated internal or external parasites in accordance with written protocols and procedures established by the supervisor, which shall include, at a minimum, all of the following:
(A) Obtaining the animal patient’s history from the client in order to
reasonably ensure that the administration of preventive or prophylactic vaccines or medications for the control or eradication of apparent or anticipated internal or external parasites is possible.
(B) Data that must be collected by physical examination of the animal patient in order to reasonably ensure that the administration of preventive or prophylactic vaccines or medications for the control or eradication of apparent or anticipated internal or external parasites is possible.
(C) Information in the patient history or physical examination results that would preclude the administration of preventive or prophylactic vaccines or medications for the control or eradication of apparent or anticipated internal or external parasites.
(D) Criteria that would disqualify the animal patient from receiving the preventive or
prophylactic vaccines or medications from the registered veterinary technician.
(E) Vaccination protocols for each animal species for which preventive or prophylactic vaccines are administered, that include, at a minimum, handling and administration of vaccines in accordance with manufacturer label recommendations and what to do in the event of an adverse reaction or other emergency.
(F) Preventative procedures for parasite control for each animal species for which medications for the control or eradication of apparent or anticipated internal or external parasites are being administered, which shall include, at a minimum, handling and administration of medications in accordance with manufacturer label recommendations and what to do in the event of an adverse reaction or other emergency.
(G) Documentation of all of
the following animal patient information:
(i) Name or initials of the person responsible for entries.
(ii) Name, address, and phone number of the client.
(iii) Name or identity of the animal, herd, or flock.
(iv) Except for herds or flocks, age, sex, breed, species, and color of the animal.
(v) Beginning and ending dates of custody of the animal, if applicable.
(vi) A history or pertinent information as it pertains to each animal, herd, or flock’s medical status.
(vii) Data, including that obtained by instrumentation, from the physical examination.
(viii) Treatment and intended treatment plan, including medications, dosages, route of administration, and frequency of use.
(ix) Diagnosis or assessment before performing a treatment or procedure.
(x) If relevant, a prognosis of the animal’s condition.
(xi) All medications and treatments prescribed and dispensed, including strength, dosage, route of administration, quantity, and frequency of use.
(4) The supervisor and the registered veterinary technician sign and date a statement containing both of the following:
(A) An assumption of risk by the supervisor for all acts of the registered veterinary technician related to
examining the animal patient and administering preventive or prophylactic vaccines or medications for the control or eradication of apparent or anticipated internal or external parasites.
(B) Authorization for the registered veterinary technician to act as the agent of the supervisor only to establish the veterinarian-client-patient relationship for purposes of administering preventive or prophylactic vaccines or medications for the control or eradication of apparent or anticipated internal or external parasites when acting in compliance with the protocols and procedures specified in paragraph (3), and only until the date the supervisor terminates supervision or authorization for the registered veterinary technician to act as the agent of the veterinarian or supervisor.
(5) (A) Before examination of, or administration of any preventive or prophylactic
vaccines or medications for the control or eradication of apparent or anticipated internal or external parasites to, the animal patient, the registered veterinary technician shall disclose, orally or in writing, to the client that the registered veterinary technician is acting as the agent of the supervisor for purposes of administering to the animal patient preventative or prophylactic vaccines or medications, as applicable, and provides the supervisor’s name and license number to the client.
(B) After the disclosure described in subparagraph (A) is provided, the registered veterinary technician shall obtain the oral or written authorization of the client before proceeding with the registered veterinary technician’s examination of the animal patient and administration of the specified vaccine or medication. The client authorization shall be recorded by the registered veterinary technician in the animal patient’s medical record.
(d) All documentation relating to satisfaction of the requirements of subdivision (c) shall be retained by the supervisor for the duration of the registered veterinary technician’s supervision and until three years from the date of the termination of the supervisorial relationship with the registered veterinary technician.
(e) A veterinarian shall not prescribe a drug for a duration that is inconsistent with the medical condition of the animal or the type of drug prescribed. A veterinarian shall not prescribe a drug for a duration longer than one year from the date that the veterinarian examined the animal and prescribed the drug.
(f) For purposes of this section, “drug” means any controlled substance, as defined in Section 4021, and any dangerous drug, as defined in Section
4022.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.(a)A health care practitioner shall not provide documentation relating to an individual’s need for an emotional support dog unless the health care practitioner complies with all of the following criteria:
(1)Possesses a valid, active license and includes the effective date, license number, jurisdiction, and type of professional license in the documentation.
(2)Is licensed to provide professional services within the scope of the license in the jurisdiction in which the documentation is provided.
(3)(A)Except as specified in subparagraph (B), establishes a client-provider relationship with the individual for at
least 30 days prior to providing the documentation requested regarding the individual’s need for an emotional support dog.
(B)A client-provider relationship with the individual of 30 days or more shall not be required for individuals who are verified to be homeless. Homeless status may be verified by any of the following methods:
(I)Identification through the local Homeless Management Information System, as defined in Section 578.3 of Title 24 of the Code of Federal Regulations.
(II)Via a continuum of care, as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, or a homeless services provider
that is contracting with a continuum of care.
(III)Visual confirmation by a homeless services provider of individuals dwelling in a homeless shelter, homeless encampment, outdoor makeshift shelter, or vehicle.
(4)Completes a clinical evaluation of the individual regarding the need for an emotional support dog.
(5)Provides a verbal or written notice to the individual that knowingly and fraudulently representing oneself to be the owner or trainer of any canine licensed as, to be qualified as, or identified as, a guide, signal, or service dog is a misdemeanor violation of Section 365.7 of the Penal Code.
(b)For purposes of this section, “health care practitioner” means a person who is licensed and regulated pursuant to Division 2 (commencing with
Section 500) of the Business and Professions Code, who is acting within the scope of practice of the person’s license or certificate.
(c)A health care practitioner may be subject to discipline from the health care practitioner’s licensing board for a violation of this section.
