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
SEC. 2. Section 4826.6 is added to the Business and Professions Code , to read: 4826.6.
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
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Amended
IN
Senate
April 27, 2023 |
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Amended
IN
Senate
April 18, 2023 |
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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 4840 of, and to add Section 4826.6 4826.7 to, the Business and Professions Code, relating to veterinary medicine.
LEGISLATIVE COUNSEL'S DIGEST
SB 669, as amended, Cortese.
Veterinarians: veterinarian-client-patient relationship.
(1)Existing
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.
This bill would authorize a veterinarian to allow a registered veterinary
technician to act as an agent for of
the veterinarian for the purpose of establishing the veterinarian-client-patient relationship to administer preventive or prophylactic vaccines or medications for the control or eradication of apparent or anticipated internal or external parasites, viruses, or bacteria parasites by satisfying specified criteria.
(2)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 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
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.
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.
The Legislature finds and declares all of the following:(a) A national shortage of veterinarians and veterinary staff has made access to animal care extremely difficult. That challenge is even greater in low-income and unhoused populations.
(b) An increasing number of unvaccinated animals poses a serious public health risk.
(c) It is the intent of the legislature in enacting this measure to empower veterinarians and their trusted registered veterinary technicians to increase access to prophylactic care where it is most
needed.
(a)For purposes of this section, the following apply:
(1)“Administer” means the direct application of a drug or device to the body of an animal by injection, inhalation, ingestion, or other means.
(2)“Client” means the owner of the animal.
(3)“Direct supervision” means either of the following:
(A)The supervisor is physically present at the location where a registered veterinary technician performs delegated animal health care job tasks.
(B)The supervisor is in the general vicinity of the location that a registered veterinary technician performs delegated animal health care job tasks, and the supervisor is quickly and easily available, and either of the following has occurred:
(i)The animal has been examined by a veterinarian at an appropriate time that good veterinary medical practice requires, consistent with the animal health care job or task.
(ii)The animal has been examined by a registered veterinary technician as the agent of a veterinarian for purposes of establishing the veterinarian-client-patient relationship to administer preventative or prophylactic vaccines or medications for the control or eradication of apparent or anticipated internal or external parasites, viruses, or bacteria in accordance with subdivision (b).
(4)“Drug” means any controlled substance, as defined in Section 4021, and any dangerous drug, as defined in Section 4022.
(5)“Herd” means any group of animals of the same species located at the same geographic location.
(6)“Supervisor” means a person who is a California licensed veterinarian.
(7)“Veterinarian”
SEC. 2.
Section 4826.7 is added to the Business and Professions Code, to read:4826.7.
(a) For purposes of this section, “veterinarian” means a California licensed veterinarian.(b) A veterinarian may allow authorize a registered veterinary technician to act as an agent for
of
the veterinarian for the purpose of establishing the veterinarian-client-patient relationship to administer preventive or prophylactic vaccines or medications for the control or eradication of apparent or anticipated internal or external parasites, viruses, or bacteria parasites 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, viruses, or bacteria
parasites in a registered veterinary premises under the direct supervision of the licensed veterinarian or supervisor. when the veterinarian is physically present at the registered veterinary premises.
(2) If working at a location other than a registered veterinary premises, the veterinarian may authorize a registered veterinary technician to administer administers preventive or prophylactic
vaccines or medications for the control or eradication of apparent or anticipated internal or external parasites under the direct supervision of the licensed
veterinarian. when the veterinarian is in the general vicinity.
(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, viruses, or bacteria parasites in accordance with written protocols and procedures established by the supervisor, veterinarian,
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 appropriate.
(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
appropriate.
(C) Information in the patient history or physical examination results that would preclude the administration of preventive or prophylactic vaccines or medications. 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.
for the control or eradication of apparent or anticipated internal or external parasites.
(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 veterinarian and the registered veterinary technician sign and date a statement containing an assumption of risk by the veterinarian 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 parasite, short of willful acts of animal cruelty, gross negligence, or gross unprofessional conduct on behalf of the registered veterinary technician.
(4)The supervisor
(5) The veterinarian and the registered veterinary technician sign and date a statement containing authorization for the registered veterinary technician to act as the agent of the supervisor
veterinarian 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, viruses, or bacteria parasites when acting in compliance with the protocols and procedures specified in paragraph (3), and only until the date the supervisor veterinarian terminates supervision or
authorization for the registered veterinary technician to act as the agent of the veterinarian or supervisor. veterinarian.
(c) (1) Documentation relating to satisfaction of the requirements of paragraphs (4) and (5) of subdivision (b) shall be retained by the supervisor
veterinarian for the duration of the registered veterinary technician’s supervision work as an agent of that veterinarian and until three years from the date of the termination of the supervisorial veterinarian’s relationship with the registered veterinary technician.
(2) Documentation relating to satisfaction of subparagraph (G) of paragraph (3) of subdivision (b) shall be retained by the veterinarian for a
minimum of three years after the animal patient’s last visit.
(d)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.
SEC. 3.
Section 4840 of the Business and Professions Code is amended to read:4840.
(a) Registered veterinary technicians and veterinary assistants are approved to perform those animal health care services prescribed by law under the supervision of a veterinarian licensed or authorized to practice in this state.(b) Registered veterinary technicians may perform animal health care services on those animals impounded by a state, county, city, or city and county agency pursuant to the direct order, written order, or telephonic order of a veterinarian licensed or authorized to practice in this state.
(c) Registered veterinary technicians may apply for registration from the federal Drug Enforcement Administration
that authorizes the direct purchase of sodium pentobarbital for the performance of euthanasia as provided for in paragraph (4) of subdivision (a) of Section 4827 without the supervision or authorization of a licensed veterinarian.
(d) Registered veterinary technicians may act as an agent of the supervising veterinarian in establishing the veterinarian-client-patient relationship for the purposes of administering preventive or prophylactic vaccines or medications for the control or eradication of apparent or anticipated internal or external parasites, viruses, or bacteria parasites in accordance with subdivision (b) of Section 4826.6.
4826.7.
