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

Amended  IN  Assembly  June 21, 2023
Amended  IN  Assembly  June 12, 2023
Amended  IN  Senate  April 27, 2023
Amended  IN  Senate  April 18, 2023
Amended  IN  Senate  March 21, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 669


Introduced by Senator Cortese
(Coauthors: Senators Newman and Wilk)
(Coauthor: Assembly Member Flora)

February 16, 2023


An act to amend Section 4840 of, and to add Section 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.
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 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 by satisfying specified criteria.
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.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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.

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 authorize a registered veterinary technician to act as an agent 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 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 a registered veterinary premises when the veterinarian is physically present at the registered veterinary premises.
(2) If working at a location other than a registered veterinary premises, the registered veterinary technician administers preventive or prophylactic vaccines or medications for the control or eradication of apparent or anticipated internal or external parasites when the veterinarian is in the general vicinity or available by telephone and is quickly and easily available. At this location, the registered veterinary technician shall have equipment and drugs necessary to provide immediate emergency care at a level commensurate with the provision of preventive or prophylactic vaccines or medications for the control or eradication of apparent or anticipated internal or external parasites.
(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 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 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 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.
(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 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 when acting in compliance with the protocols and procedures specified in paragraph (3), and only until the date the veterinarian terminates authorization for the registered veterinary technician to act as the agent of the veterinarian.
(6) (A) Before the registered veterinary technician examines or administers 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 informs the client orally or in writing that the registered veterinary technician is acting as an agent of the veterinarian for purposes of administering to the animal patient preventive or prophylactic vaccines or medications, as applicable, and provides the veterinarian’s name and license number to the client.
(B) After providing the disclosure specified in subparagraph (A), the registered veterinary technician records in the animal patient’s medical record the oral or written authorization of the client to proceed with the registered veterinary technician’s examination of the animal patient and administration of the specified vaccine or medication.
(c) (1) Documentation relating to satisfaction of the requirements of paragraphs (4) and (5) of subdivision (b) shall be retained by the veterinarian for the duration of the registered veterinary technician’s work as an agent of that veterinarian and until three years from the date of the termination of the 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.

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 in accordance with subdivision (b) of Section 4826.7.

SEC. 4.

 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.
feedback