Bill Text: CA SB697 | 2011-2012 | Regular Session | Amended

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Bill Title: Veterinary medicine.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB697 Detail]

Download: California-2011-SB697-Amended.html

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BILL NUMBER: SB 697	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 14, 2011

INTRODUCED BY   Senator  Negrete McLeod  
Emmerson 

                        FEBRUARY 18, 2011

   An act to amend Sections 4826  and 4875.1 of 
 , 4875.1, and 4875.2 of, and to Article 4.5 (commencing with
Section 4890) to Chapter 11 of Division 2 of,  the Business and
Professions Code, relating to veterinary medicine.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 697, as amended,  Negrete McLeod  
Emmerson  . Veterinary medicine.

   Existing law, the Veterinary Medicine Practice Act, provides for
the licensure and registration of veterinarians and registered
veterinary technicians by the Veterinary Medical Board and makes a
violation of the act a crime.
   Under existing law, a person practices veterinary medicine when he
or she, among other things, represents himself or herself as engaged
in the practice of veterinary medicine.
   This bill would additionally provide that a person practices
veterinary medicine when he or she advertises himself or herself as
engaged in the practice of veterinary medicine.
   Existing law makes it unlawful for any person to practice
veterinary medicine without a license and prohibits a person from
using the title "registered veterinary technician" unless he or she
has satisfied the requirements for registration. Existing law
requires the board to prioritize its investigative and prosecutorial
resources to ensure that disciplinary cases against veterinarians and
registered veterinary technicians are handled expeditiously.
   This bill would  additionally require the board to
prioritize its resources to ensure that cases against unlicensed and
unregistered persons and any person aiding and abetting these
unlicensed and unregistered persons, as specified, are brought in a
similar manner   provide that, if upon completion of an
inspection or investigation, the board's executive officer has
probable cause to believe that an unlicensed person acting as a
veterinarian or registered veterinarian technician has violated the
act, he or she may issue a civil citation, as specified, and would
provide for the person cited to contest the citation. The bill would
also authorize the executive officer to seek injunctive relief, as
specified. The bill would also provide that failure to comply with a
  citation is a misdemeanor, and would designate the
distribution of fine moneys collected through convictions of that
crime  .
   By changing the definition of a crime, 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.
State-mandated local program: yes.


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 he or she does any
one of the following:
   (a) Advertises or represents himself or herself as engaged in the
practice of veterinary medicine, veterinary surgery, or veterinary
dentistry in any of its branches.
   (b) Diagnoses or prescribes a drug, medicine, appliance,
application, or treatment of whatever nature for the prevention, cure
or relief of a wound, fracture, bodily injury, or disease of
animals.
   (c) Administers a drug, medicine, appliance, application, or
treatment of whatever nature for the prevention, cure, or relief of a
wound, fracture, bodily injury, or disease of animals, except where
the medicine, appliance, application, or treatment is administered by
a registered veterinary technician or an unregistered assistant at
the direction of and under the direct supervision of a licensed
veterinarian subject to Article 2.5 (commencing with Section 4832) or
where the drug, including, but not limited to, a drug that is a
controlled substance, is administered by a registered veterinary
technician or an unregistered assistant pursuant to Section 4836.1.
However, no person, other than a licensed veterinarian, may induce
anesthesia unless authorized by regulation of the board.
   (d) Performs a surgical or dental operation upon an animal.
   (e) Performs any manual procedure for the diagnosis of pregnancy,
sterility, or infertility upon livestock or Equidae.
   (f) Uses any words, letters or titles in such connection or under
such circumstances as to induce the belief that the person using them
is engaged in the practice of veterinary medicine, veterinary
surgery, or veterinary dentistry. This use shall be prima facie
evidence of the intention to represent himself or herself as engaged
in the practice of veterinary medicine, veterinary surgery, or
veterinary dentistry.
  SEC. 2.  Section 4875.1 of the Business and Professions Code is
amended to read:
   4875.1.  (a) In order to ensure that its resources are maximized
for the protection of the public, the board shall prioritize its
investigative and prosecutorial resources to ensure that
veterinarians and registered veterinary technicians  , and
unlicensed persons acting as veterinarians, unregistered persons
acting as registered veterinary technicians, and any person aiding
and abetting these unlicensed or unregistered persons, representing
  reporting  the greatest threat of harm are
identified and disciplined expeditiously. Cases involving any of the
following allegations shall be handled on a priority basis, as
follows, with the highest priority being given to cases in paragraph
(1):
   (1) Negligence or incompetence that involves death or serious
bodily injury to an animal patient, such that the veterinarian
 ,   or  registered veterinary technician
 , or unlicensed person  represents a danger to the
public.
   (2) Cruelty to animals.
   (3) A conviction or convictions for a criminal charge or charges
or being subject to a felony criminal proceeding without
consideration of the outcome of the proceeding.
   (4) Practicing veterinary medicine while under the influence of
drugs or alcohol.
   (5) Drug or alcohol abuse by a veterinarian or registered
veterinary technician involving death or serious bodily injury to an
animal patient or to the public.
   (6) Self-prescribing of any dangerous drug, as defined in Section
4022, or any controlled substance, as defined in Section 4021.
   (7) Repeated acts of excessive prescribing, furnishing, or
administering of controlled substances, as defined in Section 4021,
or repeated acts of prescribing, dispensing, or furnishing of
controlled substances, as defined in Section 4021, without having
first established a veterinarian-client-patient relationship pursuant
to Section 2032.1 of Title 16 of the California Code of Regulations.

   (8) Extreme departures from minimum sanitary conditions such that
there is a threat to an animal patient or the public and animal
health and safety, only if the case has already been subject to
Section 494 and board action.
   (b) The board may prioritize cases involving an allegation of
conduct that is not described in subdivision (a). Those cases
prioritized shall not be assigned a priority equal to or higher than
the priorities established in subdivision (a).
   (c) The board shall annually report and make publicly available
the number of disciplinary actions that are taken in each priority
category specified in subdivisions (a) and (b).
   SEC. 3.    Section 4875.2 of the   Business
and Professions Code   is amended to read: 
   4875.2.  If, upon completion of an  inspection or 
investigation, the executive officer has probable cause to believe
that a veterinarian  ,   or  a registered
veterinary technician  , or an unlicensed person acting as a
veterinarian or a registered veterinary technician  has
violated provisions of this chapter, he or she may issue a citation
to the veterinarian  ,   or  registered
veterinary technician,  or unlicensed person,  as
provided in this section. Each citation shall be in writing and shall
describe with particularity the nature of the violation, including a
reference to the provision of this chapter alleged to have been
violated. In addition, each citation may contain an order of
abatement fixing a reasonable time for abatement of the violation,
and may contain an assessment of a civil penalty. The citation shall
be served upon the veterinarian  ,   or 
registered veterinary technician  , or unlicensed individual
 personally or by any type of mailing requiring a return
receipt. Before any citation may be issued, the executive officer
shall submit the alleged violation for review and investigation to at
least one designee of the board who is a veterinarian licensed in or
employed by the state. The review shall include attempts to contact
the veterinarian  ,   or  registered
veterinary technician  , or unlicensed person  to
discuss and resolve the alleged violation. Upon conclusion of the
board designee's review, the designee shall prepare a finding of fact
and a recommendation. If the board designee concludes that probable
cause exists that the veterinarian  ,   or 
registered veterinary technician  , or unlicensed person
 has violated any provisions of this chapter, a civil
citation shall be issued to the veterinarian  , 
 or  registered veterinary technician  , or
unlicensed person  .
   SEC. 4.    Article 4.5 (commencing with Section 4890)
is added to Chapter 11 of Division 2 of the   Business and
Professions Code   , to read:  

      Article 4.5.  Unlicensed Activity


   4890.  If, upon completion of an inspection or investigation, the
executive officer has probable cause to believe that an unlicensed
person acting as a veterinarian or a registered veterinary technician
has violated provisions of this chapter, he or she may issue a
citation to the unlicensed person, as provided in this section. Each
citation shall be in writing and shall describe with particularity
the nature of the violation, including a reference to the provision
of this chapter alleged to have been violated. In addition, each
citation may contain an order of abatement fixing a reasonable time
for abatement of the violation, and may contain an assessment of a
civil penalty. The citation shall be served upon the unlicensed
individual personally or by any type of mailing requiring a return
receipt. Before any citation may be issued, the executive officer
shall submit the alleged violation for review and investigation to at
least one designee of the board who is a veterinarian licensed in or
employed by the state. The review shall include attempts to contact
the unlicensed person to discuss and resolve the alleged violation.
Upon conclusion of the board designee's review, the designee shall
prepare a finding of fact and a recommendation. If the board designee
concludes that probable cause exists that the unlicensed person has
violated any provisions of this chapter, a civil citation shall be
issued to the unlicensed person. The unlicensed person may
administratively contest the civil citation of the board or the
proposed assessment of civil penalty pursuant to Section 4875.6.
   4891.  In addition to all other remedies, when it appears to the
executive officer, either upon complaint or otherwise, that an
unlicensed person acting as a veterinarian or a registered veterinary
technician has violated provisions of this chapter, whether or not
there is substantial injury, the executive officer may, either
through the Attorney General or through the district attorney of the
county in which the violation is alleged to have been committed,
apply to the superior court of that county, for an injunction
restraining the person from acting as a veterinarian or a registered
veterinary technician in violation of this chapter, and, upon a
proper showing, a temporary restraining order, a preliminary
injunction, or a permanent injunction shall be granted.
   4892.  (a) The failure of an unlicensed individual to comply with
a citation after it is final is a misdemeanor.
   (b) Notwithstanding Section 1462.5 or 1463 of the Penal Code or
any other provision of law, any fine collected upon conviction in a
criminal action brought under this section shall be distributed as
follows:
   (1) If the action is brought by a district attorney, any fine
collected shall be paid to the treasurer of the county in which the
judgment was entered to be designated for use by the district
attorney.
   (2) If the action is brought by a city attorney or city
prosecutor, any fine collected shall be paid to the treasurer of the
city in which the judgment was entered, to be designated for use by
the city attorney. 
   SEC. 3.   SEC. 5.   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.