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.

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 exempt from the premises registration requirements a temporary shelter that is established to provide care and shelter to animals displaced by a state of emergency, if specified requirements are met, and would authorize the Veterinary Medical Board to inspect a temporary shelter. The bill would require, within 30 calendar days after the temporary shelter ceases operations, the party responsible for the temporary shelter to file a report with the board containing specific information.

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.

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 exempt from the premises registration requirements a temporary shelter that is established to provide care and shelter to animals displaced by a state of emergency, if specified requirements are met. met, and would authorize the Veterinary Medical Board to inspect a temporary shelter. The bill would require, within 30 calendar days after the temporary shelter ceases operations, the party responsible for the temporary shelter to file a report with the Veterinary Medical Board board containing specific information.

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.

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 exempt from the premises registration requirements an organization that establishes a temporary shelter facility during a state of emergency to provide veterinary medical care by a veterinarian who is regularly licensed in good standing in another state or territory of the United States if the temporary shelter facility meets specified requirements. that is established to provide care and shelter to animals displaced by a state of emergency, if specified requirements are met. The bill would require, within 30 calendar days after the temporary shelter ceases operations, the party responsible for the temporary shelter to file a report with the Veterinary Medical Board containing specific information.

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.

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 exempt from the premises registration requirements an organization that establishes a temporary shelter facility during a state of emergency to provide veterinary medical care by a veterinarian who is regularly licensed in good standing in another state or territory of the United States if the temporary shelter facility meets specified requirements.

Existing law, the Health Care Professional Disaster Response Act, states findings of the Legislature regarding the shortage of qualified health care practitioners during times of national or state disasters, and authorizes a physician and surgeon, whose license has been expired for less than 5 years and who meets specified criteria, to obtain a license without paying fees.

This bill would make a nonsubstantive change to those provisions.

GOVERNOR'S VETO

GV Bill Id:AB 317

Author:(Maienschein)

As Enrolled Ver:September 4, 2015

2/3 vote

Original Committee Reference: B. & P.

SUMMARY: Exempts a temporary shelter which is operated either by a licensed veterinarian from another state, or a California-licensed veterinarian, that is providing care and shelter to animals during a declared state of emergency, as specified, from having to obtain a premises registration from the Veterinary Medical Board (VMB). Specifically, this bill:

1. Exempts a temporary shelter from a premises registration requirement, as specified, if the following conditions are met:

   1. The temporary shelter is established to provide care and shelter to animals displaced by a state of emergency, as specified, only provides care and shelter to those animals, and, if possible, is located near an American Red Cross shelter, or other equivalent shelter, that houses persons displaced by the state of emergency;

   2. The temporary shelter is operated by either of the following:

      1. A veterinary health care practitioner licensed or certified by, and in good standing in, another state, district, or territory of the United States, who is deployed pursuant to Business and Professions Code (BPC) Section 900; or,

      2. A veterinary health care practitioner licensed or certified by, and in good standing in, this state who responds to a state emergency, as specified;

   3. The temporary shelter complies with specified sanitation requirements; and,

   4. The temporary shelter does not operate beyond a 60-calendar day period per state of emergency.

   5. The temporary shelter is deployed in a manner that is consistent with the sheltering guidelines established by the California Animal Response Emergency System (CARES).

2. Requires, within 30 calendar days after a temporary shelter exempt from premises registration requirements ceases operation, the party responsible for the temporary shelter to file a report with the VMB containing the date, place, type, and general description of the care provided at the shelter, and a listing of the veterinary health care practitioners who participated in providing that care.

3. Permits the VMB to inspect a temporary shelter as specified.

The Senate amendments revise the requirements to allow the establishment of a temporary shelter, exempt from premises registration requirements, if specified conditions are met.

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS:

Purpose. This bill is sponsored by the American Society for the Prevention of Cruelty to Animals (ASPCA). According to the author, "… an overwhelming number of Americans reported on a recent poll that they would not evacuate their homes during a disaster if it means leaving their pets behind. It is important that we authorize animal welfare responders to establish temporary facilities to ensure the health and safety of Californians as well as their animals.

"Mid-disaster is no time to try to grapple with these logistical issues – [this bill] will make California prepared to evacuate every person and every pet when confronted by our next wildfire, flood, mudslide or other major disaster."

Background. The author notes that 2015 marks the 10th anniversary of Hurricane Katrina. The disaster highlighted awareness across the nation about the need to deploy resources to provide services for displaced or lost animals including proper care and shelter during an emergency. According to the sponsor, in the event of Hurricane Sandy, many individuals had to move to temporary shelters which did not always allow animals. The ASPCA reports that it established temporary shelters to house those animals along with stray animals. This bill aims to make it clear that an organization seeking to establish a temporary shelter facility, for the purpose of animal care during a state of emergency, as determined by the appropriate authority, will be exempt from the current premises requirements for veterinary care facilities as long as specific conditions are met.

Veterinary Medical Board. Under current law, BPC Section 4853 requires all premises where veterinary medicine is practiced to obtain a premises permit from the VMB. There are currently over 3000 licensed premises in California and more than 11,000 licensed veterinarians. In order to obtain the premises permit, applicants must submit an application which needs to include the type of practice, the number of employees, the business model, business owner information and a $200 registration fee. The VMB reports that the application process for a premises permit takes between three and four weeks. In the case of a declared state of emergency, this process could be viewed as prohibitive for organizations to apply for and receive the appropriate premises license currently required to provide veterinary services.

In order to alleviate the potential barrier for organizations to establish temporary shelters, in the event of a declared state of emergency, this bill would exempt organizations from having a premises permit as long as they meet certain requirements including the shelter is operated by a veterinarian who is licensed in another state and has been deployed to California, or by a California-licensed veterinarian; the shelter complies with current sanitary requirements; the shelter does not operate beyond 60 calendar days; requires the party responsible for the temporary shelter to file a report with the VMB, as specified; and, permits the VMB to inspect the temporary shelter at any time.

As highlighted on the Web site, http://www.ready.gov/caring-animals, most shelters for people do not allow animals due to public health reasons; therefore, pet emergency planning is necessary. As written, in order for a temporary shelter to be established without the proper premises permit, this bill would require a declaration of a state of emergency order as defined in Government Code Section 8858.

Emergency Declarations. The Governor has the authority to issue emergency declarations for state of emergencies and state of war emergencies. Local emergencies are declared by the local governing body of a city, county or city and county. Under current law, emergencies may be declared for multiple reasons, including fires, floods, earthquakes, and storms or riots, among others. Under the provisions of this bill, an organization would be authorized to establish a temporary shelter and be exempt from the premises requirement for any state of emergency declaration ordered as defined in Government Code Section 8558.

Disasters and Animals. As noted, the Hurricane Katrine disaster of 2005 heightened the awareness and need for effective emergency plans at the local, state and federal level, including emergency plans for pets. As a result, the Federal Pets Evacuation and Transportation Standards Act of 2006 was passed, which amended the Stafford Disaster Relief and Emergency Assistance Act to include that state and local emergency preparedness planning address the needs of individuals with household pets and service animals following a major disaster or emergency.

In the event of a declared state of emergency, this bill would authorize temporary shelter facilities to operate in California for a limited period of time without a premises permit as required for all other animal veterinary care services.

GOVERNOR'S VETO MESSAGE:

This bill would exempt a temporary animal shelter from certain provisions of state laws during a declared state of emergency.

While this bill is well-intentioned, the Department of Food and Agriculture and the Office of Emergency Services are concerned it could lead to confusion during a disaster. I am directing both offices to work with the author to identify possible ways to achieve the objectives of this bill in ways that are consistent with California's Standardized Emergency Management System.

Analysis Prepared by: Elissa Silva / B. & P. / (916) 319-3301 FN: 0002468

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 317

Author:(Maienschein)

As Amended Ver:August 26, 2015

Majority vote

Original Committee Reference: B. & P.

SUMMARY: Exempts a temporary shelter which is operated either by a licensed veterinarian from another state, or a California-licensed veterinarian, that is providing care and shelter to animals during a declared state of emergency, as specified, from having to obtain a premises registration from the Veterinary Medical Board (VMB). Specifically, this bill:

1. Exempts a temporary shelter from a premises registration requirement, as specified, if the following conditions are met:

   1. The temporary shelter is established to provide care and shelter to animals displaced by a state of emergency, as specified, only provides care and shelter to those animals, and, if possible, is located near an American Red Cross shelter, or other equivalent shelter, that houses persons displaced by the state of emergency;

   2. The temporary shelter is operated by either of the following:

      1. A veterinary health care practitioner licensed or certified by, and in good standing in, another state, district, or territory of the United States, who is deployed pursuant to Business and Professions Code (BPC) Section 900; or,

      2. A veterinary health care practitioner licensed or certified by, and in good standing in, this state who responds to a state emergency, as specified;

   3. The temporary shelter complies with specified sanitation requirements; and,

   4. The temporary shelter does not operate beyond a 60-calendar-day period per state of emergency.

   5. The temporary shelter is deployed in a manner that is consistent with the sheltering guidelines established by the California Animal Response Emergency System (CARES).

2. Requires, within 30 calendar days after a temporary shelter exempt from premises registration requirements ceases operation, the party responsible for the temporary shelter to file a report with the VMB containing the date, place, type, and general description of the care provided at the shelter, and a listing of the veterinary health care practitioners who participated in providing that care.

3. Permits the VMB to inspect a temporary shelter as specified.

The Senate amendments revise the requirements to allow the establishment of a temporary shelter, exempt from premises registration requirements, if specified conditions are met.

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS:

Purpose. This bill is sponsored by the American Society for the Prevention of Cruelty to Animals (ASPCA). According to the author, "… an overwhelming number of Americans reported on a recent poll that they would not evacuate their homes during a disaster if it means leaving their pets behind. It is important that we authorize animal welfare responders to establish temporary facilities to ensure the health and safety of Californians as well as their animals.

"Mid-disaster is no time to try to grapple with these logistical issues – [this bill] will make California prepared to evacuate every person and every pet when confronted by our next wildfire, flood, mudslide or other major disaster."

Background. The author notes that 2015 marks the 10th anniversary of Hurricane Katrina. The disaster highlighted awareness across the nation about the need to deploy resources to provide services for displaced or lost animals including proper care and shelter during an emergency. According to the sponsor, in the event of Hurricane Sandy, many individuals had to move to temporary shelters which did not always allow animals. The ASPCA reports that it established temporary shelters to house those animals along with stray animals. This bill aims to make it clear that an organization seeking to establish a temporary shelter facility, for the purpose of animal care during a state of emergency, as determined by the appropriate authority, will be exempt from the current premises requirements for veterinary care facilities as long as specific conditions are met.

Veterinary Medical Board. Under current law, BPC Section 4853 requires all premises where veterinary medicine is practiced to obtain a premises permit from the VMB. There are currently over 3000 licensed premises in California and more than 11,000 licensed veterinarians. In order to obtain the premises permit, applicants must submit an application which needs to include the type of practice, the number of employees, the business model, business owner information and a $200 registration fee. The VMB reports that the application process for a premises permit takes between three and four weeks. In the case of a declared state of emergency, this process could be viewed as prohibitive for organizations to apply for and receive the appropriate premises license currently required to provide veterinary services.

In order to alleviate the potential barrier for organizations to establish temporary shelters, in the event of a declared state of emergency, this bill would exempt organizations from having a premises permit as long as they meet certain requirements including the shelter is operated by a veterinarian who is licensed in another state and has been deployed to California, or by a California-licensed veterinarian; the shelter complies with current sanitary requirements; the shelter does not operate beyond 60 calendar days; requires the party responsible for the temporary shelter to file a report with the VMB, as specified; and, permits the VMB to inspect the temporary shelter at any time.

As highlighted on the Web site, http://www.ready.gov/caring-animals, most shelters for people do not allow animals due to public health reasons; therefore, pet emergency planning is necessary. As written, in order for a temporary shelter to be established without the proper premises permit, this bill would require a declaration of a state of emergency order as defined in Government Code Section 8858.

Emergency Declarations. The Governor has the authority to issue emergency declarations for state of emergencies and state of war emergencies. Local emergencies are declared by the local governing body of a city, county or city and county. Under current law, emergencies may be declared for multiple reasons, including fires, floods, earthquakes, and storms or riots, among others. Under the provisions of this bill, an organization would be authorized to establish a temporary shelter and be exempt from the premises requirement for any state of emergency declaration ordered as defined in Government Code Section 8558.

Disasters and Animals. As noted, the Hurricane Katrine disaster of 2005 heightened the awareness and need for effective emergency plans at the local, state and federal level, including emergency plans for pets. As a result, the Federal Pets Evacuation and Transportation Standards Act of 2006 was passed, which amended the Stafford Disaster Relief and Emergency Assistance Act to include that state and local emergency preparedness planning address the needs of individuals with household pets and service animals following a major disaster or emergency.

In the event of a declared state of emergency, this bill would authorize temporary shelter facilities to operate in California for a limited period of time without a premises permit as required for all other animal veterinary care services.

Analysis Prepared by: Elissa Silva / B. & P. / (916) 319-3301 FN: 0001873

 THIRD READING  

Bill No: AB 317

Author: Maienschein (R)

Amended: 8/26/15 in Senate

Vote: 21

SENATE BUS, PROF. & ECON. DEV. COMMITTEE: 8-0, 7/6/15

AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez, Jackson, Mendoza

NO VOTE RECORDED: Wieckowski

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 77-0, 5/18/15 - See last page for vote

SUBJECT: Veterinary medicine: temporary shelter

SOURCE: American Society for the Prevention of Cruelty to Animals

DIGEST: This bill exempts a temporary shelter which is operated either by a licensed veterinarian from another state, or a state licensed veterinarian, that is providing care and shelter to animals during a declared state of emergency, from having to obtain a premise registration from the Veterinary Medical Board (VMB).

Senate Floor Amendments of 8/26/15 clarify that a temporary shelter that is established to provide care and shelter to animals during a state of emergency will be operated in accordance with sheltering guidelines established by the California Animal Respnse Emergency System and that the VMB may inspect the shelter if necessary.

ANALYSIS:

Existing law:

1. Establishes the VMB within the Department of Consumer Affairs for the purpose of administering the Veterinary Practice Act (Act). (BPC § 4800 et seq.)

2. States that it is unlawful for any person to practice veterinary medicine in California without a valid, unexpired or unrevoked license, as specified.
   (BPC § 4825)

3. Requires all veterinarians, actually engaged and employed by the state, or a county, city, corporation, firm or individual practicing veterinary medicine, to secure a license issued by the VMB. (BPC § 4828)

4. Exempts the following from the provisions of the Act:

   1. Veterinarians while serving in any armed branch of the military service of the United States or the U.S. Department of Agriculture (USDA) 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 do not open an office or appoint a place to do business;

   4. Veterinarians employed by the University of California, as specified;

   5. Students in the school of veterinary medicine of the University of California or the College of Western University of Health Sciences, as specified;

   6. A veterinarian who is employed by the Meat and Poultry Inspection Branch of the California Department of Food and Agriculture (CDFA) while actually engaged and employed in his or her official capacity; or,

   7. Unlicensed personnel employed by the CDFA or the USDA, as specified.
      (BPC § 4830)

5. Requires the VMB to establish a regular inspection program that will provide for random, unannounced inspections and that the VMB shall make every effort to inspect at least 20 percent of veterinary premises on an annual basis.
   (BPC § 4809.7)

6. Requires that all premises where veterinary medicine, veterinary dentistry, veterinary surgery and the various branches thereof is being practiced shall be registered with the VMB. (BPC § 4853 (a))

7. Defines “premises” as including a building, kennel, mobile unit or vehicle, as specified. (BPC § 4853 (b))

8. Requires that all premises where veterinary medicine, veterinary dentistry, or veterinary surgery is being practiced, and all instruments, apparatus and apparel used in connection with those practices, shall be kept clean and sanitary at all times, and shall conform to those minimum standards established by the VMB. (BPC § 4854)

9. Provides that the requirements of licensure for health care practitioners in California shall not apply in a state of emergency, as defined under Section 8558 of the Government Code, for a health care practitioner licensed from another state who offers or provides health care for which he or she is licensed, if the emergency overwhelms the response capabilities of California health care practitioners and only upon the request of the Director of the Emergency Medical Services Authority (Director). (BPC § 900 (a))

10. Specifies that the Director shall be the medical control and shall designate the licensure and specialty health care practitioners required for the specific emergency and shall designate the areas to which they may be deployed. (BPC § 900 (b))

11. Requires health care practitioners from another state to provide, upon request, a valid copy of a professional license and a photographic identification issue by the state in which the practitioner holds a license before being deployed by the Director. (BPC § 900 (c))

12. Requires health care practitioners from another state to also provide to the appropriate California licensing authority verification of licensure upon request. (BPC § 900 (d))

13. Provides that health care practitioners from another state providing health care shall have immunity from liability for services rendered as provided in Section 8659 of the Government Code. (BPC § 900 (e))

14. Specifies that any veterinarian or registered veterinary technician who renders services during any state of war emergency, a state of emergency, or a local emergency at the express or implied request of any responsible state or local official or agency shall have no liability for any injury sustained by any animal by reason of those services, regardless of how or under what circumstances or by what cause those injuries are sustained; provided, however, that the immunity herein granted shall not apply in the event of a willful act or omission. (GC § 8659)

15. Defines a “state of war emergency” as a condition which exists immediately, with or without a proclamation by the Governor, whenever this state or nation is attacked by an enemy of the U.S., or upon receipt by the state of a warning by the federal government indicating that such an enemy attack is probable. (GC § 8558 (a))

16. Defines “state of emergency” as a duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and property within the state caused by such conditions as fire, flood, earthquake, drought, etc., which by reasons of their magnitude are likely to be beyond the control of services, personnel, equipment and facilities of any single county, city, city and county and requires combined forces of mutual aid region or regions to combat such emergency. (GC § 8558 (b))

17. Defines “local emergency” as a duly proclaimed existence of conditions or disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city, city and county caused by such conditions as specified above. (GC § 8558 (c))

This bill:

1. Provides that a temporary shelter shall be exempt from the registration requirements of Veterinary Medicine Act if all of the following requirements are met:

1. The temporary shelter is established to provide care and shelter to animals displaced by a state of emergency, as defined, and only provides care and shelter to those animals, and, if possible, is located near an American Red Cross shelter, or other equivalent shelter, that houses persons displaced by the state of emergency.

2. The temporary shelter is operated by either of the following:

1. A veterinary health care practitioner licensed or certified by, and in good standing in another state, district or territory who is deployed to the state pursuant to the state of emergency.

2. A veterinary health care practitioner licensed or certified by, and in good standing in this state who responds to a state of emergency, as defined.

3. The temporary shelter complies with the requirements for veterinary premises to maintain sanitary conditions, as specified.

4. The temporary shelter does not operate beyond a 60-calendar-day period and is deployed in a manner that is consistent with the sheltering guidelines established by the California Animal Response Emergency System (CARES).

2. Requires that within 30 calendar days after a temporary shelter exempt for premises registration requirements ceases operation, that the party responsible for the temporary shelter file a report with the VMB containing specified information.

3. Provides that the VMB may inspect a temporary shelter established pursuant to a state of emergency.

Background

Use of Temporary Shelters. Under Section 4853 of the BPC, it is required that all premises where veterinary medicine is being practiced obtain a premises permit from the VMB. There are currently over 3,000 licensed premises in California. In order to obtain the premises permit, applicants must submit an application which needs to include the type of practice, the number of employees, the business model, and business owner information, along with a $200 registration fee. The VMB reports that the application process for a premises permit takes between three to four weeks.

This bill will exempt temporary animal care shelter facilities from premises requirements as long as the shelter provides care and shelter to animals displaced by a state of emergency, the shelter is operated by a licensed veterinarian from another state who is deployed to the state pursuant to the state of emergency, or by a state licensed veterinarian who is responding the state of emergency, provides clean and sanitary conditions as required by the VMB, and meets other requirements as specified. The temporary shelter shall not be allowed to exist for longer than 60 days and shall be deployed in a manner that is consistent with the sheltering guidelines established by CARES. The VMB would also be able to inspect the temporary shelter if considered necessary.

Related Legislation

AB 316 (Maienschein) exempts from state licensure veterinary health care practitioners who are licensed or certified in good standing from another state and who offer veterinary services in the event of a “cruelty incident,” as defined, and allows the sponsoring entity to operate a temporary shelter in order to provide care to animals seized as a result of a cruelty incident.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 8/28/15)

American Society for the Prevention of Cruelty to Animals (source)

American Red Cross

California Animal Control Directors Association

California Professional Firefighters

County Health Executives Association of California

Humane Society of the United States

Tony La Russa’s Animal Rescue Foundation

OPPOSITION: (Verified 8/27/15)

California Veterinary Medical Association

California Veterinary Medical Board

ARGUMENTS IN SUPPORT: According to the American Society for the Prevention of Cruelty to Animals and other supporters of this bill, it clarifies existing disaster response law to ensure that veterinarians licensed in another state that have been called on by California to respond to a declared emergency have the ability to establish temporary animal shelters. Supporters state that while BPC Section 900 currently authorizes the State Emergency Medical Services Authority to request health professionals, including veterinarians, from other states to assist during a declared emergency, existing law is unclear as to whether those veterinarians called into assist during a declared state of emergency can establish temporary shelters to house displaced animals. According to supporters, existing law is unclear whether even California licensed veterinarians can establish shelters during a disaster deployment. Supporters state that AB 317 will clarify that both in state and out of state veterinary responders can utilize temporary shelters during a declared state of emergency.

Supporters go on to state that one of the most significant natural disasters in our nation’s history, Hurricane Katrina, presented many difficulties for responders. The challenges faced in the Gulf States 10 years ago appeared again when Hurricane Sandy made landfall in the Northeast in 2012. Hurricane Sandy displaced thousands of people and pets, caused nearly 300 deaths, and plunged parts of the U.S. into darkness for weeks. Both events, in addition to other disasters across the country, have also demonstrated the need to deploy resources to provide displaced or lost animals with proper care and shelter. Temporary shelters are critical for the health and welfare of Californians since many people will not evacuate during a natural disaster without their beloved animals and some actually go back to try and retrieve their pet. Temporary shelters are critical to ensuring that people will feel safe about evacuating when they need to evacuate. Also, many shelters cannot handle all the animals impacted; this bill will ensure that both veterinarians in California and those from another state, if requested by State Emergency Medical Services Authority, can establish temporary shelters to house and treat displaced animals and assist in their return to their rightful owners.

ARGUMENTS IN OPPOSITION: The California Veterinary Medical Association (CVMA) is opposed to this bill and believes that exemption from a California veterinary premises permit should only be used when there is no other alternative. “After careful deliberation and several meetings with the bill’s sponsors, the CVMA believe the need for out-of-state veterinarians to provide veterinary medical care in a temporary shelter facility established by an organization during a state of emergency has not been demonstrated. Further, we think AB 317 does not provide sufficient protection for animals and consumers.” CVMA is concerned that there is no provision for the VMB to take disciplinary action against the veterinarian or inspect the temporary facility. CVMA goes on to indicate that there are more than 9,200 licensed veterinarians in California and the California Veterinary Medical Reserve Corps (CAVMRC) has more than 750 members and is integrated into the California Emergency Management System. The CAVMRC provides training and resources for veterinary professionals to respond to the needs of animals during a disaster. Additionally, CARES is a state emergency plan for animals and both CAVMRC and CARES along with private practice and shelter veterinarians have historically met the shelter and housing needs of animals.

The VMB is also opposed to this bill and argues that “AB 317 restricts the Board’s ability to ensure that any organization entering California to provide veterinary care during a declared emergency is qualified to do so by meeting even the basic minimum facility standards.” The VMB further states that exempting a facility from registration and further inspection by the Board, potentially exposes animals and the public to unsanitary conditions where serious harm may come to the very animals the temporary shelter is designed to protect. The VMB is also concerned that this measure would seriously limit the Board’s enforcement ability to respond to an adverse situation if a temporary shelter failed to provide safe and efficacious veterinary care. Since current law restricts the Board’s inspection authority to only those premises that are registered with the board, there would be little to no recourse through the state should an animal be injured or harmed at an unregistered shelter.

ASSEMBLY FLOOR: 77-0, 5/18/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Kim, Mathis, Melendez

Prepared by: Bill Gage / B., P. & E.D. / (916) 651-4104

8/29/15 10:21:01

**** END ****

 THIRD READING  

Bill No: AB 317

Author: Maienschein (R)

Amended: 8/26/15 in Senate

Vote: 21

SENATE BUS, PROF. & ECON. DEV. COMMITTEE: 8-0, 7/6/15

AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez, Jackson, Mendoza

NO VOTE RECORDED: Wieckowski

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 77-0, 5/18/15 - See last page for vote

SUBJECT: Veterinary medicine: temporary shelter

SOURCE: American Society for the Prevention of Cruelty to Animals

DIGEST: This bill exempts a temporary shelter which is operated either by a licensed veterinarian from another state, or a state licensed veterinarian, that is providing care and shelter to animals during a declared state of emergency, from having to obtain a premise registration from the Veterinary Medical Board (VMB).

Senate Floor Amendments of 8/26/15 clarify that a temporary shelter that is established to provide care and shelter to animals during a state of emergency will be operated in accordance with sheltering guidelines established by the California Animal Response Emergency System and that the VMB may inspect the shelter if necessary.

ANALYSIS:

Existing law:

1. Establishes the VMB within the Department of Consumer Affairs for the purpose of administering the Veterinary Practice Act (Act). (BPC § 4800 et seq.)

2. States that it is unlawful for any person to practice veterinary medicine in California without a valid, unexpired or unrevoked license, as specified.
   (BPC § 4825)

3. Requires all veterinarians, actually engaged and employed by the state, or a county, city, corporation, firm or individual practicing veterinary medicine, to secure a license issued by the VMB. (BPC § 4828)

4. Exempts the following from the provisions of the Act:

   1. Veterinarians while serving in any armed branch of the military service of the United States or the U.S. Department of Agriculture (USDA) 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 do not open an office or appoint a place to do business;

   4. Veterinarians employed by the University of California, as specified;

   5. Students in the school of veterinary medicine of the University of California or the College of Western University of Health Sciences, as specified;

   6. A veterinarian who is employed by the Meat and Poultry Inspection Branch of the California Department of Food and Agriculture (CDFA) while actually engaged and employed in his or her official capacity; or,

   7. Unlicensed personnel employed by the CDFA or the USDA, as specified.
      (BPC § 4830)

5. Requires the VMB to establish a regular inspection program that will provide for random, unannounced inspections and that the VMB shall make every effort to inspect at least 20 percent of veterinary premises on an annual basis.
   (BPC § 4809.7)

6. Requires that all premises where veterinary medicine, veterinary dentistry, veterinary surgery and the various branches thereof is being practiced shall be registered with the VMB. (BPC § 4853 (a))

7. Defines “premises” as including a building, kennel, mobile unit or vehicle, as specified. (BPC § 4853 (b))

8. Requires that all premises where veterinary medicine, veterinary dentistry, or veterinary surgery is being practiced, and all instruments, apparatus and apparel used in connection with those practices, shall be kept clean and sanitary at all times, and shall conform to those minimum standards established by the VMB. (BPC § 4854)

9. Provides that the requirements of licensure for health care practitioners in California shall not apply in a state of emergency, as defined under Section 8558 of the Government Code, for a health care practitioner licensed from another state who offers or provides health care for which he or she is licensed, if the emergency overwhelms the response capabilities of California health care practitioners and only upon the request of the Director of the Emergency Medical Services Authority (Director). (BPC § 900 (a))

10. Specifies that the Director shall be the medical control and shall designate the licensure and specialty health care practitioners required for the specific emergency and shall designate the areas to which they may be deployed. (BPC § 900 (b))

11. Requires health care practitioners from another state to provide, upon request, a valid copy of a professional license and a photographic identification issue by the state in which the practitioner holds a license before being deployed by the Director. (BPC § 900 (c))

12. Requires health care practitioners from another state to also provide to the appropriate California licensing authority verification of licensure upon request. (BPC § 900 (d))

13. Provides that health care practitioners from another state providing health care shall have immunity from liability for services rendered as provided in Section 8659 of the Government Code. (BPC § 900 (e))

14. Specifies that any veterinarian or registered veterinary technician who renders services during any state of war emergency, a state of emergency, or a local emergency at the express or implied request of any responsible state or local official or agency shall have no liability for any injury sustained by any animal by reason of those services, regardless of how or under what circumstances or by what cause those injuries are sustained; provided, however, that the immunity herein granted shall not apply in the event of a willful act or omission. (GC § 8659)

15. Defines a “state of war emergency” as a condition which exists immediately, with or without a proclamation by the Governor, whenever this state or nation is attacked by an enemy of the U.S., or upon receipt by the state of a warning by the federal government indicating that such an enemy attack is probable. (GC § 8558 (a))

16. Defines “state of emergency” as a duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and property within the state caused by such conditions as fire, flood, earthquake, drought, etc., which by reasons of their magnitude are likely to be beyond the control of services, personnel, equipment and facilities of any single county, city, city and county and requires combined forces of mutual aid region or regions to combat such emergency. (GC § 8558 (b))

17. Defines “local emergency” as a duly proclaimed existence of conditions or disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city, city and county caused by such conditions as specified above. (GC § 8558 (c))

This bill:

1. Provides that a temporary shelter shall be exempt from the registration requirements of Veterinary Medicine Act if all of the following requirements are met:

1. The temporary shelter is established to provide care and shelter to animals displaced by a state of emergency, as defined, and only provides care and shelter to those animals, and, if possible, is located near an American Red Cross shelter, or other equivalent shelter, that houses persons displaced by the state of emergency.

2. The temporary shelter is operated by either of the following:

1. A veterinary health care practitioner licensed or certified by, and in good standing in another state, district or territory who is deployed to the state pursuant to the state of emergency.

2. A veterinary health care practitioner licensed or certified by, and in good standing in this state who responds to a state of emergency, as defined.

3. The temporary shelter complies with the requirements for veterinary premises to maintain sanitary conditions, as specified.

4. The temporary shelter does not operate beyond a 60-calendar-day period and is deployed in a manner that is consistent with the sheltering guidelines established by the California Animal Response Emergency System (CARES).

2. Requires that within 30 calendar days after a temporary shelter exempt for premises registration requirements ceases operation, that the party responsible for the temporary shelter file a report with the VMB containing specified information.

3. Provides that the VMB may inspect a temporary shelter established pursuant to a state of emergency.

Background

Use of Temporary Shelters. Under Section 4853 of the BPC, it is required that all premises where veterinary medicine is being practiced obtain a premises permit from the VMB. There are currently over 3,000 licensed premises in California. In order to obtain the premises permit, applicants must submit an application which needs to include the type of practice, the number of employees, the business model, and business owner information, along with a $200 registration fee. The VMB reports that the application process for a premises permit takes between three to four weeks.

This bill will exempt temporary animal care shelter facilities from premises requirements as long as the shelter provides care and shelter to animals displaced by a state of emergency, the shelter is operated by a licensed veterinarian from another state who is deployed to the state pursuant to the state of emergency, or by a state licensed veterinarian who is responding the state of emergency, provides clean and sanitary conditions as required by the VMB, and meets other requirements as specified. The temporary shelter shall not be allowed to exist for longer than 60 days and shall be deployed in a manner that is consistent with the sheltering guidelines established by CARES. The VMB would also be able to inspect the temporary shelter if considered necessary.

Related Legislation

AB 316 (Maienschein) exempts from state licensure veterinary health care practitioners who are licensed or certified in good standing from another state and who offer veterinary services in the event of a “cruelty incident,” as defined, and allows the sponsoring entity to operate a temporary shelter in order to provide care to animals seized as a result of a cruelty incident.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 8/28/15)

American Society for the Prevention of Cruelty to Animals (source)

American Red Cross

California Animal Control Directors Association

California Professional Firefighters

County Health Executives Association of California

Humane Society of the United States

Tony La Russa’s Animal Rescue Foundation

OPPOSITION: (Verified 8/27/15)

California Veterinary Medical Association

California Veterinary Medical Board

ARGUMENTS IN SUPPORT: According to the American Society for the Prevention of Cruelty to Animals and other supporters of this bill, it clarifies existing disaster response law to ensure that veterinarians licensed in another state that have been called on by California to respond to a declared emergency have the ability to establish temporary animal shelters. Supporters state that while BPC Section 900 currently authorizes the State Emergency Medical Services Authority to request health professionals, including veterinarians, from other states to assist during a declared emergency, existing law is unclear as to whether those veterinarians called into assist during a declared state of emergency can establish temporary shelters to house displaced animals. According to supporters, existing law is unclear whether even California licensed veterinarians can establish shelters during a disaster deployment. Supporters state that AB 317 will clarify that both in state and out of state veterinary responders can utilize temporary shelters during a declared state of emergency.

Supporters go on to state that one of the most significant natural disasters in our nation’s history, Hurricane Katrina, presented many difficulties for responders. The challenges faced in the Gulf States 10 years ago appeared again when Hurricane Sandy made landfall in the Northeast in 2012. Hurricane Sandy displaced thousands of people and pets, caused nearly 300 deaths, and plunged parts of the U.S. into darkness for weeks. Both events, in addition to other disasters across the country, have also demonstrated the need to deploy resources to provide displaced or lost animals with proper care and shelter. Temporary shelters are critical for the health and welfare of Californians since many people will not evacuate during a natural disaster without their beloved animals and some actually go back to try and retrieve their pet. Temporary shelters are critical to ensuring that people will feel safe about evacuating when they need to evacuate. Also, many shelters cannot handle all the animals impacted; this bill will ensure that both veterinarians in California and those from another state, if requested by State Emergency Medical Services Authority, can establish temporary shelters to house and treat displaced animals and assist in their return to their rightful owners.

ARGUMENTS IN OPPOSITION: The California Veterinary Medical Association (CVMA) is opposed to this bill and believes that exemption from a California veterinary premises permit should only be used when there is no other alternative. “After careful deliberation and several meetings with the bill’s sponsors, the CVMA believe the need for out-of-state veterinarians to provide veterinary medical care in a temporary shelter facility established by an organization during a state of emergency has not been demonstrated. Further, we think AB 317 does not provide sufficient protection for animals and consumers.” CVMA is concerned that there is no provision for the VMB to take disciplinary action against the veterinarian or inspect the temporary facility. CVMA goes on to indicate that there are more than 9,200 licensed veterinarians in California and the California Veterinary Medical Reserve Corps (CAVMRC) has more than 750 members and is integrated into the California Emergency Management System. The CAVMRC provides training and resources for veterinary professionals to respond to the needs of animals during a disaster. Additionally, CARES is a state emergency plan for animals and both CAVMRC and CARES along with private practice and shelter veterinarians have historically met the shelter and housing needs of animals.

The VMB is also opposed to this bill and argues that “AB 317 restricts the Board’s ability to ensure that any organization entering California to provide veterinary care during a declared emergency is qualified to do so by meeting even the basic minimum facility standards.” The VMB further states that exempting a facility from registration and further inspection by the Board, potentially exposes animals and the public to unsanitary conditions where serious harm may come to the very animals the temporary shelter is designed to protect. The VMB is also concerned that this measure would seriously limit the Board’s enforcement ability to respond to an adverse situation if a temporary shelter failed to provide safe and efficacious veterinary care. Since current law restricts the Board’s inspection authority to only those premises that are registered with the board, there would be little to no recourse through the state should an animal be injured or harmed at an unregistered shelter.

ASSEMBLY FLOOR: 77-0, 5/18/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Kim, Mathis, Melendez

Prepared by: Bill Gage / B., P. & E.D. / (916) 651-4104

8/29/15 11:06:50

**** END ****

 THIRD READING  

Bill No: AB 317

Author: Maienschein (R)

Amended: 8/26/15 in Senate

Vote: 21

SENATE BUS, PROF. & ECON. DEV. COMMITTEE: 8-0, 7/6/15

AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez, Jackson, Mendoza

NO VOTE RECORDED: Wieckowski

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 77-0, 5/18/15 - See last page for vote

SUBJECT: Veterinary medicine: temporary shelter

SOURCE: American Society for the Prevention of Cruelty to Animals

DIGEST: This bill exempts a temporary shelter which is operated either by a licensed veterinarian from another state, or a state licensed veterinarian, that is providing care and shelter to animals during a declared state of emergency, from having to obtain a premise registration from the Veterinary Medical Board (VMB).

Senate Floor Amendments of 8/26/15 clarify that a temporary shelter that is established to provide care and shelter to animals during a state of emergency will be operated in accordance with sheltering guidelines established by the California Animal Respnse Emergency System and that the VMB may inspect the shelter if necessary.

ANALYSIS:

Existing law:

1. Establishes the VMB within the Department of Consumer Affairs for the purpose of administering the Veterinary Practice Act (Act). (BPC § 4800 et seq.)

2. States that it is unlawful for any person to practice veterinary medicine in California without a valid, unexpired or unrevoked license, as specified.
   (BPC § 4825)

3. Requires all veterinarians, actually engaged and employed by the state, or a county, city, corporation, firm or individual practicing veterinary medicine, to secure a license issued by the VMB. (BPC § 4828)

4. Exempts the following from the provisions of the Act:

   1. Veterinarians while serving in any armed branch of the military service of the United States or the U.S. Department of Agriculture (USDA) 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 do not open an office or appoint a place to do business;

   4. Veterinarians employed by the University of California, as specified;

   5. Students in the school of veterinary medicine of the University of California or the College of Western University of Health Sciences, as specified;

   6. A veterinarian who is employed by the Meat and Poultry Inspection Branch of the California Department of Food and Agriculture (CDFA) while actually engaged and employed in his or her official capacity; or,

   7. Unlicensed personnel employed by the CDFA or the USDA, as specified.
      (BPC § 4830)

5. Requires the VMB to establish a regular inspection program that will provide for random, unannounced inspections and that the VMB shall make every effort to inspect at least 20 percent of veterinary premises on an annual basis.
   (BPC § 4809.7)

6. Requires that all premises where veterinary medicine, veterinary dentistry, veterinary surgery and the various branches thereof is being practiced shall be registered with the VMB. (BPC § 4853 (a))

7. Defines “premises” as including a building, kennel, mobile unit or vehicle, as specified. (BPC § 4853 (b))

8. Requires that all premises where veterinary medicine, veterinary dentistry, or veterinary surgery is being practiced, and all instruments, apparatus and apparel used in connection with those practices, shall be kept clean and sanitary at all times, and shall conform to those minimum standards established by the VMB. (BPC § 4854)

9. Provides that the requirements of licensure for health care practitioners in California shall not apply in a state of emergency, as defined under Section 8558 of the Government Code, for a health care practitioner licensed from another state who offers or provides health care for which he or she is licensed, if the emergency overwhelms the response capabilities of California health care practitioners and only upon the request of the Director of the Emergency Medical Services Authority (Director). (BPC § 900 (a))

10. Specifies that the Director shall be the medical control and shall designate the licensure and specialty health care practitioners required for the specific emergency and shall designate the areas to which they may be deployed. (BPC § 900 (b))

11. Requires health care practitioners from another state to provide, upon request, a valid copy of a professional license and a photographic identification issue by the state in which the practitioner holds a license before being deployed by the Director. (BPC § 900 (c))

12. Requires health care practitioners from another state to also provide to the appropriate California licensing authority verification of licensure upon request. (BPC § 900 (d))

13. Provides that health care practitioners from another state providing health care shall have immunity from liability for services rendered as provided in Section 8659 of the Government Code. (BPC § 900 (e))

14. Specifies that any veterinarian or registered veterinary technician who renders services during any state of war emergency, a state of emergency, or a local emergency at the express or implied request of any responsible state or local official or agency shall have no liability for any injury sustained by any animal by reason of those services, regardless of how or under what circumstances or by what cause those injuries are sustained; provided, however, that the immunity herein granted shall not apply in the event of a willful act or omission. (GC § 8659)

15. Defines a “state of war emergency” as a condition which exists immediately, with or without a proclamation by the Governor, whenever this state or nation is attacked by an enemy of the U.S., or upon receipt by the state of a warning by the federal government indicating that such an enemy attack is probable. (GC § 8558 (a))

16. Defines “state of emergency” as a duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and property within the state caused by such conditions as fire, flood, earthquake, drought, etc., which by reasons of their magnitude are likely to be beyond the control of services, personnel, equipment and facilities of any single county, city, city and county and requires combined forces of mutual aid region or regions to combat such emergency. (GC § 8558 (b))

17. Defines “local emergency” as a duly proclaimed existence of conditions or disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city, city and county caused by such conditions as specified above. (GC § 8558 (c))

This bill:

1. Provides that a temporary shelter shall be exempt from the registration requirements of Veterinary Medicine Act if all of the following requirements are met:

1. The temporary shelter is established to provide care and shelter to animals displaced by a state of emergency, as defined, and only provides care and shelter to those animals, and, if possible, is located near an American Red Cross shelter, or other equivalent shelter, that houses persons displaced by the state of emergency.

2. The temporary shelter is operated by either of the following:

1. A veterinary health care practitioner licensed or certified by, and in good standing in another state, district or territory who is deployed to the state pursuant to the state of emergency.

2. A veterinary health care practitioner licensed or certified by, and in good standing in this state who responds to a state of emergency, as defined.

3. The temporary shelter complies with the requirements for veterinary premises to maintain sanitary conditions, as specified.

4. The temporary shelter does not operate beyond a 60-calendar-day period and is deployed in a manner that is consistent with the sheltering guidelines established by the California Animal Response Emergency System (CARES).

2. Requires that within 30 calendar days after a temporary shelter exempt for premises registration requirements ceases operation, that the party responsible for the temporary shelter file a report with the VMB containing specified information.

3. Provides that the VMB may inspect a temporary shelter established pursuant to a state of emergency.

Background

Use of Temporary Shelters. Under Section 4853 of the BPC, it is required that all premises where veterinary medicine is being practiced obtain a premises permit from the VMB. There are currently over 3,000 licensed premises in California. In order to obtain the premises permit, applicants must submit an application which needs to include the type of practice, the number of employees, the business model, and business owner information, along with a $200 registration fee. The VMB reports that the application process for a premises permit takes between three to four weeks.

This bill will exempt temporary animal care shelter facilities from premises requirements as long as the shelter provides care and shelter to animals displaced by a state of emergency, the shelter is operated by a licensed veterinarian from another state who is deployed to the state pursuant to the state of emergency, or by a state licensed veterinarian who is responding the state of emergency, provides clean and sanitary conditions as required by the VMB, and meets other requirements as specified. The temporary shelter shall not be allowed to exist for longer than 60 days and shall be deployed in a manner that is consistent with the sheltering guidelines established by CARES. The VMB would also be able to inspect the temporary shelter if considered necessary.

Related Legislation

AB 316 (Maienschein) exempts from state licensure veterinary health care practitioners who are licensed or certified in good standing from another state and who offer veterinary services in the event of a “cruelty incident,” as defined, and allows the sponsoring entity to operate a temporary shelter in order to provide care to animals seized as a result of a cruelty incident.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 8/27/15)

American Society for the Prevention of Cruelty to Animals (source)

American Red Cross

California Animal Control Directors Association

California Professional Firefighters

County Health Executives Association of California

Tony La Russa’s Animal Rescue Foundation

OPPOSITION: (Verified 8/27/15)

California Veterinary Medical Association

California Veterinary Medical Board

ARGUMENTS IN SUPPORT: According to the American Society for the Prevention of Cruelty to Animals and other supporters of this bill, it clarifies existing disaster response law to ensure that veterinarians licensed in another state that have been called on by California to respond to a declared emergency have the ability to establish temporary animal shelters. Supporters state that while BPC Section 900 currently authorizes the State Emergency Medical Services Authority to request health professionals, including veterinarians, from other states to assist during a declared emergency, existing law is unclear as to whether those veterinarians called into assist during a declared state of emergency can establish temporary shelters to house displaced animals. According to supporters, existing law is unclear whether even California licensed veterinarians can establish shelters during a disaster deployment. Supporters state that AB 317 will clarify that both in state and out of state veterinary responders can utilize temporary shelters during a declared state of emergency.

Supporters go on to state that one of the most significant natural disasters in our nation’s history, Hurricane Katrina, presented many difficulties for responders. The challenges faced in the Gulf States 10 years ago appeared again when Hurricane Sandy made landfall in the Northeast in 2012. Hurricane Sandy displaced thousands of people and pets, caused nearly 300 deaths, and plunged parts of the U.S. into darkness for weeks. Both events, in addition to other disasters across the country, have also demonstrated the need to deploy resources to provide displaced or lost animals with proper care and shelter. Temporary shelters are critical for the health and welfare of Californians since many people will not evacuate during a natural disaster without their beloved animals and some actually go back to try and retrieve their pet. Temporary shelters are critical to ensuring that people will feel safe about evacuating when they need to evacuate. Also, many shelters cannot handle all the animals impacted; this bill will ensure that both veterinarians in California and those from another state, if requested by State Emergency Medical Services Authority, can establish temporary shelters to house and treat displaced animals and assist in their return to their rightful owners.

ARGUMENTS IN OPPOSITION: The California Veterinary Medical Association (CVMA) is opposed to this bill and believes that exemption from a California veterinary premises permit should only be used when there is no other alternative. “After careful deliberation and several meetings with the bill’s sponsors, the CVMA believe the need for out-of-state veterinarians to provide veterinary medical care in a temporary shelter facility established by an organization during a state of emergency has not been demonstrated. Further, we think AB 317 does not provide sufficient protection for animals and consumers.” CVMA is concerned that there is no provision for the VMB to take disciplinary action against the veterinarian or inspect the temporary facility. CVMA goes on to indicate that there are more than 9,200 licensed veterinarians in California and the California Veterinary Medical Reserve Corps (CAVMRC) has more than 750 members and is integrated into the California Emergency Management System. The CAVMRC provides training and resources for veterinary professionals to respond to the needs of animals during a disaster. Additionally, CARES is a state emergency plan for animals and both CAVMRC and CARES along with private practice and shelter veterinarians have historically met the shelter and housing needs of animals.

The VMB is also opposed to this bill and argues that “AB 317 restricts the Board’s ability to ensure that any organization entering California to provide veterinary care during a declared emergency is qualified to do so by meeting even the basic minimum facility standards.” The VMB further states that exempting a facility from registration and further inspection by the Board, potentially exposes animals and the public to unsanitary conditions where serious harm may come to the very animals the temporary shelter is designed to protect. The VMB is also concerned that this measure would seriously limit the Board’s enforcement ability to respond to an adverse situation if a temporary shelter failed to provide safe and efficacious veterinary care. Since current law restricts the Board’s inspection authority to only those premises that are registered with the board, there would be little to no recourse through the state should an animal be injured or harmed at an unregistered shelter.

ASSEMBLY FLOOR: 77-0, 5/18/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Kim, Mathis, Melendez

Prepared by: Bill Gage / B., P. & E.D. / (916) 651-4104

8/28/15 8:41:23

**** END ****

 THIRD READING  

Bill No: AB 317

Author: Maienschein (R)

Amended: 6/30/15 in Senate

Vote: 21

SENATE BUS, PROF. & ECON. DEV. COMMITTEE: 8-0, 7/6/15

AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez, Jackson, Mendoza

NO VOTE RECORDED: Wieckowski

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 77-0, 5/18/15 - See last page for vote

SUBJECT: Veterinary medicine: temporary shelter

SOURCE: American Society for the Prevention of Cruelty to Animals

DIGEST: This bill exempts a temporary shelter which is operated either by a licensed veterinarian from another state, or a state licensed veterinarian, that is providing care and shelter to animals during a declared state of emergency, from having to obtain a premises registration from the Veterinary Medical Board.

ANALYSIS:

Existing law:

1. Establishes the Veterinary Medical Board (VMB) within the Department of Consumer Affairs for the purpose of administering the Veterinary Practice Act (Act). (BPC § 4800 et seq.)

2. States that it is unlawful for any person to practice veterinary medicine in California without a valid, unexpired or unrevoked license, as specified.
   (BPC § 4825)

3. Requires all veterinarians, actually engaged and employed by the state, or a county, city, corporation, firm or individual practicing veterinary medicine, to secure a license issued by the VMB. (BPC § 4828)

4. Exempts the following from the provisions of the Act:

   1. Veterinarians while serving in any armed branch of the military service of the United States or the U.S. Department of Agriculture (USDA) 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 do not open an office or appoint a place to do business;

   4. Veterinarians employed by the University of California, as specified;

   5. Students in the school of veterinary medicine of the University of California or the College of Western University of Health Sciences, as specified;

   6. A veterinarian who is employed by the Meat and Poultry Inspection Branch of the California Department of Food and Agriculture (CDFA) while actually engaged and employed in his or her official capacity; or,

   7. Unlicensed personnel employed by the CDFA or the USDA, as specified.
      (BPC § 4830)

5. Requires the VMB to establish a regular inspection program that will provide for random, unannounced inspections and that the VMB shall make every effort to inspect at least 20 percent of veterinary premises on an annual basis. (BPC § 4809.7)

6. Requires that all premises where veterinary medicine, veterinary dentistry, veterinary surgery and the various branches thereof is being practiced shall be registered with the VMB. (BPC § 4853 (a))

7. Defines “premises” as including a building, kennel, mobile unit or vehicle, as specified. (BPC § 4853 (b))

8. Requires that all premises where veterinary medicine, veterinary dentistry, or veterinary surgery is being practiced, and all instruments, apparatus and apparel used in connection with those practices, shall be kept clean and sanitary at all times, and shall conform to those minimum standards established by the VMB. (BPC § 4854)

9. Provides that the requirements of licensure for health care practitioners in California shall not apply in a state of emergency, as defined under Section 8558 of the Government Code, for a health care practitioner licensed from another state who offers or provides health care for which he or she is licensed, if the emergency overwhelms the response capabilities of California health care practitioners and only upon the request of the Director of the Emergency Medical Services Authority (Director). (BPC § 900 (a))

10. Specifies that the Director shall be the medical control and shall designate the licensure and specialty health care practitioners required for the specific emergency and shall designate the areas to which they may be deployed.

(BPC § 900 (b))

11. Requires health care practitioners from another state to provide, upon request, a valid copy of a professional license and a photographic identification issue by the state in which the practitioner holds a license before being deployed by the Director. (BPC § 900 (c))

12. Requires health care practitioners from another state to also provide to the appropriate California licensing authority verification of licensure upon request. (BPC § 900 (d))

13. Provides that health care practitioners from another state providing health care shall have immunity from liability for services rendered as provided in Section 8659 of the Government Code. (BPC § 900 (e))

14. Specifies that any veterinarian or registered veterinary technician who renders services during any state of war emergency, a state of emergency, or a local emergency at the express or implied request of any responsible state or local official or agency shall have no liability for any injury sustained by any animal by reason of those services, regardless of how or under what circumstances or by what cause those injuries are sustained; provided, however, that the immunity herein granted shall not apply in the event of a willful act or omission. (GC § 8659)

15. Defines a “state of war emergency” as a condition which exists immediately, with or without a proclamation by the Governor, whenever this state or nation is attacked by an enemy of the U.S., or upon receipt by the state of a warning by the federal government indicating that such an enemy attack is probable. (GC § 8558 (a))

16. Defines “state of emergency” as a duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and property within the state caused by such conditions as fire, flood, earthquake, drought, etc., which by reasons of their magnitude are likely to be beyond the control of services, personnel, equipment and facilities of any single county, city, city and county and requires combined forces of mutual aid region or regions to combat such emergency. (GC § 8558 (b))

17. Defines “local emergency” as a duly proclaimed existence of conditions or disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city, city and county caused by such conditions as specified above. (GC § 8558 (c))

This bill:

1. Provides that a temporary shelter shall be exempt from the registration requirements of Veterinary Medicine Act if all of the following requirements are met:

1. The temporary shelter is established to provide care and shelter to animals displaced by a state of emergency, as defined, and only provides care and shelter to those animals, and, if possible, is located near an American Red Cross shelter, or other equivalent shelter, that houses persons displaced by the state of emergency.

2. The temporary shelter is operated by either of the following:

1. A veterinary health care practitioner licensed or certified by, and in good standing in another state, district or territory who is deployed to the state pursuant to the state of emergency.

2. A veterinary health care practitioner licensed or certified by, and in good standing in this state who responds to a state of emergency, as defined.

3. The temporary shelter complies with the requirements for veterinary premises to maintain sanitary conditions, as specified.

4. The temporary shelter does not operate beyond a 60-calendar-day period, however, the Director of Emergency Medical Services Authority may grant an extension of that period in 30-calendar-day increments until the state of emergency is concluded.

5. Requires that within 30 calendar days after a temporary shelter exempt for premises registration requirements ceases operation, that the party responsible for the temporary shelter file a report with the VMB containing specified information.

Background

Use of Temporary Shelters. Under Section 4853 of the BPC, it is required that all premises where veterinary medicine is being practiced obtain a premises permit from the VMB. There are currently over 3,000 licensed premises in California. In order to obtain the premises permit, applicants must submit an application which needs to include the type of practice, the number of employees, the business model, and business owner information, along with a $200 registration fee. The VMB reports that the application process for a premises permit takes between three to four weeks.

This bill will exempt temporary animal care shelter facilities from premises requirements as long as the shelter provides care and shelter to animals displaced by a state of emergency, the shelter is operated by a licensed veterinarian from another state who is deployed to the state pursuant to the state of emergency, or by a state licensed veterinarian who is responding the state of emergency, provides clean and sanitary conditions as required by the VMB, and meets other requirements as specified. The temporary shelter shall not be allowed to exist for longer than 60 days unless it is determined that a longer period is necessary by the Director of the Emergency Medical Services Authority.

It should be noted that any requirement for the VMB to inspect these temporary shelters would be difficult. Currently, the VMB can only inspect, or is required to make every effort to inspect, about 20 percent of veterinary premises on an annual basis. Also, during two of the major floods that hit Sacramento in the 1980s and 1990s, temporary shelters (many of them on city or county fairgrounds) were usually established overnight to house animals without any oversight considered necessary by the VMB, and were kept open for at least 60 to 90 days to allow animal owners the opportunity to claim their animals.

Related Legislation

AB 316 (Maienschein) exempts from state licensure veterinary health care practitioners who are licensed or certified in good standing from another state and who offer veterinary services in the event of a “cruelty incident,” as defined, and allows the sponsoring entity to operate a temporary shelter in order to provide care to animals seized as a result of a cruelty incident.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 8/18/15)

American Society for the Prevention of Cruelty to Animals (source)

American Red Cross

California Animal Control Directors Association

California Professional Firefighters

County Health Executives Association of California

Tony La Russa’s Animal Rescue Foundation

OPPOSITION: (Verified 8/18/15)

California Veterinary Medical Association

California Veterinary Medical Board

ARGUMENTS IN SUPPORT: According to the sponsor, the American Society for the Prevention of Cruelty to Animals, and other supporters of this bill, this bill “clarifies existing disaster response law to ensure that veterinarians licensed in another state that have been called on by California to respond to a declared emergency have the ability to establish temporary animal shelters. Business and Professions Code 900 currently authorizes the State Emergency Medical Services Authority to request health professionals, including veterinarians, from other states to assist during a declared emergency. However, existing law is unclear whether those veterinarians called into assist during a declared state of emergency can establish temporary shelters to house displaced animals. In fact, existing law is unclear whether even California licensed veterinarians can establish shelters during a disaster deployment – AB 317 will clarify that both in state and out of state veterinary responders can utilize temporary shelters during a declared state of emergency.”

Supporters go on to state that one of the most significant natural disasters in our nation’s history was Hurricane Katrina and one that presented many difficulties for responders. The challenges faced in the Gulf States 10 years ago would appear again when Hurricane Sandy made landfall in the Northeast in 2012. Hurricane Sandy displaced thousands of people and pets, caused nearly 300 deaths, and plunged parts of the U.S. into darkness for weeks. Both events, in addition to other disasters across the country have also demonstrated the need to deploy resources to provide displaced or lost animals with proper care and shelter. Temporary shelters are critical for the health and welfare of Californians since many people will not evacuate during a natural disaster without their beloved animals and some actually to go back to try and retrieve their pet. Temporary shelters are critical to ensuring that people will feel safe about evacuating when they need to evacuate. Also, many shelters cannot handle all the animals impacted; this bill will ensure that both veterinarians in California and those from another state, if requested by State Emergency Medical Services Authority, can establish temporary shelters to house and treat displaced animals and assist in their return to their rightful owners.

ARGUMENTS IN OPPOSITION: The California Veterinary Medical Association (CVMA) is opposed to this bill and believes that exemption from a California veterinary premises permit should only be used when there is no other alternative. “After careful deliberation and several meetings with the bill’s sponsors, the CVMA believe the need for out-of-state veterinarians to provide veterinary medical care in a temporary shelter facility established by an organization during a state of emergency has not been demonstrated. Further, we think AB 317 does not provide sufficient protection for animals and consumers.” CVMA is concerned that there is no provision for the VMB to take disciplinary action against the veterinarian or inspect the temporary facility. CVMA goes on to state that “[t]here are more than 9,200 licensed veterinarians in California.”

The VMB is also opposed to this bill and argues that “AB 317 restricts the Board’s ability to ensure that any organization entering California to provide veterinary care during a declared emergency is qualified to do so by meeting even the basic minimum facility standards.” The VMB further states that exempting a facility from registration and further inspection by the Board, potentially exposes animals and the public to unsanitary conditions where serious harm may come to the very animals the temporary shelter is designed to protect. The VMB is also concerned that this measure would seriously limit the Board’s enforcement ability to respond to an adverse situation if a temporary shelter failed to provide safe and efficacious veterinary care. Since current law restricts the Board’s inspection authority to only those premises that are registered with the Board, there would be little to no recourse through the state should an animal be injured or harmed at an unregistered shelter.

ASSEMBLY FLOOR: 77-0, 5/18/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Kim, Mathis, Melendez

Prepared by: Bill Gage / B., P. & E.D. / (916) 651-4104

8/20/15 16:10:56

**** END ****

SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Jerry Hill, Chair

2015 - 2016 Regular

Bill No: AB 317 Hearing Date: July 6, 2015

Subject: Veterinary medicine: temporary shelter.

SUMMARY:

Exempts a temporary shelter which is operated either by a licensed veterinarian from another state, or a state licensed veterinarian, that is providing care and shelter to animals during a declared state of emergency, from having to obtain a premises registration from the Veterinary Medical Board.

Existing law, the Business and Professions Code (BPC):

1. Establishes the Veterinary Medical Board (VMB) within the Department of Consumer Affairs for the purpose of administering the Veterinary Practice Act (Act).
   (BPC § 4800 et seq.)

2. States that it is unlawful for any person to practice veterinary medicine in California without a valid, unexpired or unrevoked license, as specified. (BPC § 4825)

3. Requires all veterinarians, actually engaged and employed by the state, or a county, city, corporation, firm or individual practicing veterinary medicine, to secure a license issued by the VMB. (BPC § 4828)

4. Exempts the following from the provisions of the Act:

   1. Veterinarians while serving in any armed branch of the military service of the United States or the U.S. Department of Agriculture (USDA) 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 do not open an office or appoint a place to do business;

   4. Veterinarians employed by the University of California, as specified;

   5. Students in the school of veterinary medicine of the University of California or the College of Western University of Health Sciences, as specified;

   6. A veterinarian who is employed by the Meat and Poultry Inspection Branch of the California Department of Food and Agriculture (CDFA) while actually engaged and employed in his or her official capacity; or,

   7. Unlicensed personnel employed by the CDFA or the USDA, as specified.
      (BPC § 4830)

5. Requires the VMB to establish a regular inspection program that will provide for random, unannounced inspections and that the VMB shall make every effort to inspect at least 20 percent of veterinary premises on an annual basis.
   (BPC § 4809.7)
   
   

6. Requires that all premises where veterinary medicine, veterinary dentistry, veterinary surgery and the various branches thereof is being practiced shall be registered with the VMB. (BPC § 4853 (a))
   
   

7. Defines “premises” as including a building, kennel, mobile unit or vehicle, as specified. (BPC § 4853 (b))
   
   

8. Requires that all premises where veterinary medicine, veterinary dentistry, or veterinary surgery is being practiced, and all instruments, apparatus and apparel used in connection with those practices, shall be kept clean and sanitary at all times, and shall conform to those minimum standards established by the VMB.
   (BPC § 4854)
   
   

9. Provides that the requirements of licensure for health care practitioners in California shall not apply in a state of emergency, as defined under Section 8558 of the Government Code, for a health care practitioner licensed from another state who offers or provides health care for which he or she is licensed, if the emergency overwhelms the response capabilities of California health care practitioners and only upon the request of the Director of the Emergency Medical Services Authority (Director). (BPC § 900 (a))
   
   

10. Specifies that the Director shall be the medical control and shall designate the licensure and specialty health care practitioners required for the specific emergency and shall designate the areas to which they may be deployed. (BPC § 900 (b))
    
    

11. Requires health care practitioners from another state to provide, upon request, a valid copy of a professional license and a photographic identification issue by the state in which the practitioner holds a license before being deployed by the Director.
    (BPC § 900 (c))
    
    

12. Requires health care practitioners from another state to also provide to the appropriate California licensing authority verification of licensure upon request.
    (BPC § 900 (d))
    
    

13. Provides that health care practitioners from another state providing health care shall have immunity from liability for services rendered as provided in Section 8659 of the Government Code. (BPC § 900 (e))

Existing law, the Government Code (GC):

1. Specifies that any veterinarian or registered veterinary technician who renders services during any state of war emergency, a state of emergency, or a local emergency at the express or implied request of any responsible state or local official or agency shall have no liability for any injury sustained by any animal by reason of those services, regardless of how or under what circumstances or by what cause those injuries are sustained; provided, however, that the immunity herein granted shall not apply in the event of a willful act or omission. (GC § 8659)
   
   

2. Defines a “state of war emergency” as a condition which exists immediately, with or without a proclamation by the Governor, whenever this state or nation is attacked by an enemy of the U.S., or upon receipt by the state of a warning by the federal government indicating that such an enemy attack is probable. (GC § 8558 (a))
   
   

3. Defines “state of emergency” as a duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and property within the state caused by such conditions as fire, flood, earthquake, drought, etc., which by reasons of their magnitude are likely to be beyond the control of services, personnel, equipment and facilities of any single county, city, city and county and requires combined forces of mutual aid region or regions to combat such emergency. (GC § 8558 (b))

4. Defines “local emergency” as a duly proclaimed existence of conditions or disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city, city and county caused by such conditions as specified above. (GC § 8558 (c))

This bill:

1. Provides that a temporary shelter shall be exempt from the registration requirements of Veterinary Medicine Act if all of the following requirements are met:
   
   

   1. The temporary shelter is established to provide care and shelter to animals displaced by a state of emergency, as defined, and only provides care and shelter to those animals, and, if possible, is located near an American Red Cross shelter, or other equivalent shelter, that houses persons displaced by the state of emergency.
      
      

   2. The temporary shelter is operated by either of the following:
      
      

      1. A veterinary health care practitioner licensed or certified by, and in good standing in another state, district or territory who is deployed to the state pursuant to the state of emergency.
         
         

      2. A veterinary health care practitioner licensed or certified by, and in good standing in this state who responds to a state of emergency, as defined.
         
         

   3. The temporary shelter complies with the requirements for veterinary premises to maintain sanitary conditions, as specified.
      
      

   4. The temporary shelter does not operate beyond a 60-calendar-day period, however, the Director of Emergency Medical Services Authority may grant an extension of that period in 30-calendar-day increments until the state of emergency is concluded.

5. Requires that within 30 calendar days after a temporary shelter exempt for premises registration requirements ceases operation, that the party responsible for the temporary shelter file a report with the VMB containing specified information.

FISCAL EFFECT:

This bill has been keyed “fiscal” by Legislative Counsel. According to the Assembly Committee on Appropriations analysis dated May 6, 2015, this bill will result in minor and absorbable costs to the VMB.

COMMENTS:

1. Purpose. This measure is sponsored by the American Society for the Prevention of Cruelty to Animals (ASPCA). According to the Sponsors, “Hurricane Katrina and polls have clearly shown that ensuring that pets have a safe place to go during a disaster is imperative to ensuring that people evacuate out of harm’s way.  In the wake of Katrina a poll conducted by the Fritz Institute showed that 44% of New Orleans’ residents did not initially evacuate because they would not leave their pets.  Similarly, a Lake Research Partners poll commissioned by the ASPCA found that 42% of Americans would not evacuate without their pets and an American Humane Association poll found that 47% of Americans said they would refuse assistance during a disaster if it meant leaving their pet.  Clearly, having the ability to ensure that veterinary responders can establish temporary shelters when they are called upon by the Director of the Emergency Medical Services Authority is critical to ensuring that all Californians evacuate out of impacted areas.  This is extremely important for emergency responders who are put at more peril when they have to rescue individuals who did not initially evacuate due to a desire not to abandon their pets.  Current CA law clearly authorizes veterinarians to respond from out of state when called upon, but it does not authorize temporary shelters.  According to the AVMA, in 2013 roughly 53% of Californians owned pets making the need for shelters even more paramount.  From Hurricane Katrina, to the devastating tornadoes in Missouri, to Hurricane Sandy, we have found that temporary shelters are critical in ensuring not only the maximum number of animals can be saved, but also ensuring the public safety of pet owners.  This is why disaster responders like the American Red Cross and the CA Professional Firefighters, among others, are supporting AB 317.”

2. Use of Temporary Shelters. Under Section 4853 of the BPC, it is required that all premises where veterinary medicine is being practiced to obtain a premises permit from the VMB. There are currently over 3,000 licensed premises in California. In order to obtain the premises permit, applicants must submit an application which needs to include the type of practice, the number of employees, the business model, and business owner information, along with a $200 registration fee. The VMB reports that the application process for a premises permit takes between three to four weeks. This bill will exempt temporary animal care shelter facilities from premises requirements as long as the shelter provides care and shelter to animals displaced by a state of emergency, the shelter is operated by a licensed veterinarian from another state who is deployed to the state pursuant to the state of emergency, or by a state licensed veterinarian who is responding the state of emergency, provides clean and sanitary conditions as required by the VMB, and meets other requirements as specified. The temporary shelter shall not be allowed to exist for longer than 60 days unless it is determined that a longer period is necessary by Director of the Emergency Medical Services Authority.
   
   It should be noted, that any requirement for the VMB to inspect these temporary shelters would be difficult. Currently, the VMB can only inspect, or is required to make every effort to inspect, about 20 per cent of veterinary premises on an annual basis. Also, during two of the major floods that hit Sacramento in the 80’s and 90’s, temporary shelters (many of them on city or county fairgrounds) were usually established over-night to house animals without any oversight considered necessary by the VMB, and were kept open for at least 60 to 90 days to allow animal owners the opportunity to claim their animals.

3. ASPCA Involvement and Other Animal Welfare Responders to Natural Disasters. As stated by the ASPCA, “[a]s we mark the 10th anniversary this August of Hurricane Katrina and the devastation it wrought on the Gulf States, there is one lesson from that disaster that is very clear: temporary animal shelters are extremely important to the success of a disaster deployment. The Louisiana SPCA estimates that roughly 8,500 animals were housed and treated at the temporary shelter facility located at the Lamar Dixon Expo Center, where many animal welfare groups, including the ASPCA, converged to assist with rescue efforts. Every morning at 5:30am the welfare groups would mobilize and head out into the disaster area to rescue stranded animals, returning at dark with animals ranging from companion animals to livestock. Rescuers were required to don heavy protective gear in order to wade through potentially hazardous waters and endure an historical stretch of 100+ degree days and equally high humidity. Overall, the Louisiana SPCA estimates that a total of 15,500 animals were rescued, when including animals that did not enter the Lamar-Dixon facility, and it is likely that well over a quarter of a million animals were impacted but not treated throughout the Gulf State impact zone.”
   
   In New Orleans alone, as noted by the ASPCA, it is estimated that 104,000 pets were left behind to weather the storm – only 15%-20% of rescued animals were reunited with their owners. “The difficulty of re-uniting animals with their owners demonstrates the need to co-locate animal shelters with human shelters as much as possible. This is why the American Red Cross, a supporter of AB 317, and the ASPCA are working diligently in California to ensure that disaster response plans include the ability to co-locate whenever possible and it is why recent amendments to AB 317 include a directive to co-locate whenever feasible.”
   
   Additionally, as the ASPCA states, “Katrina and subsequent polls have taught us that most Americans simply will not evacuate unless their animals can come with them, increasing the risk to emergency responders. A poll conducted by the Fritz Institute found that 44% of New Orleans’ residents did not initially evacuate because they would not leave their pets. Similarly, a Lake Research Partners poll commissioned by the ASPCA found that 42% of Americans would not evacuate without their pets and an American Humane Association poll found that 47% of Americans said they would refuse assistance during a disaster if it meant leaving their pet. According to the American Veterinary Medical Association, roughly 53% of Californians own pets – clearly, having the ability to ensure that veterinary responders can establish temporary shelters when they are called upon by the State is critical to ensuring the safety of not only Californians but California’s brave emergency responders.”
   
   Katrina, as indicated by the ASPCA, also resulted in passage of the Pets Evacuation and Transportation Standards Act, which requires states seeking FEMA assistance to accommodate pets and service animals in their plans for evacuation residents facing disasters. Clearly, temporary shelters are a critical component of disaster response.
   
   Since Katrina, the ASPCA and other animal welfare responders have assisted in other major disasters around the country, including:

• Hurricane Gustav (2008). In August 2008, the Louisiana State Animal Response Team contacted the ASPCA to assist in pre-storm evacuation and sheltering of animals in the wake of Tropical Storm Gustav. The state declared a pre-storm state of emergency and asked the ASPCA Field Investigations and Response Team to deploy to the site of their Mega shelter in Shreveport, LA. In just the first 2 days of the ASPCA’s deployment to Shreveport, the ASPCA had checked more than 800 animals into the shelter. Team members from the ASPCA and the American Humane Association took turns pulling 12 hour shifts to care for evacuated animals. The ASPCA also deployed one of our Disaster Response Trailers to the area and in total distributed more than $50,000 in emergency grants to responders for assistance with the evacuation.

• EF5 Tornado – Joplin, MO (2011). The Joplin tornado cut a mile wide swath of destruction that ultimately left 150 people dead and destroyed many more homes and livelihoods. As the Joplin Humane Society’s shelter space was maxed out, the ASPCA assisted and created more housing space by establishing a temporary shelter facility to care for lost animals. In total, nearly 1300 animals came through the temporary shelter, many of which were reunited with their families. To aid in recovery, the ASPCA granted the Joplin Humane Society $100,000 as well as continued to assist in placing animals in new homes. In addition to the ASPCA and Joplin Humane Society, responders from across the country assisted including many from California like: the CA Veterinary Medical Reserve Corps, Berkeley-East Bay Humane Society, Sacramento SPCA, Riverside County Animal Services, Tony LaRussa’s ARF (Walnut Creek) to name a few.

• Hurricane Sandy (2012). Seven years after Katrina, the Northeast was devastated by the category 3 Hurricane Sandy, which impacted 24 states and caused widespread damage to homes, public infrastructure and even left portions of Manhattan in the dark. The ASPCA worked in collaboration with the U.S. Department of Health and Human Services National Veterinary Response Team, the NYC Veterinary Emergency Response Team, Animal Care and Control of NYC and the Mayor’s Alliance for NYC’s Animals to establish and manage a temporary housing facility for animals impacted by the storm. Hundreds of animals were housed at the facility – animals ranged from strays where the owner was unknown to animals whose owners were known but who had to evacuate their homes. Many of the animals were ultimately re-united with owners while others were transferred to the ASPCA adoption center and other rescue partners. Through the ASPCA Emergency Grant Program, the ASPCA provided over 40 grants totaling over $350,000 to organizations responding to, or impacted by Hurricane Sandy.
  
  As further stated by ASPCA, California is prone to disaster, and in the wake of Katrina many reports circulated about the devastating impact a similar collapse of our levee system would have on Sacramento and the Delta region. Robert Bea, professor of engineering at U.C. Berkeley was quoted in a NY Times article as recently as 2011 stating that “[i]n terms of damage, death and long-term cost, a rupture of the delta levees would be far more destructive than what happened in Hurricane Katrina.” Animals would be among the casualties, and with polls indicating a strong desire of Americans to shelter in place unless their pets can evacuate with them, temporary shelters are critically important.
  
  This past May, FEMA’s National Response Coordination Center ran a disaster response exercise focused on a large magnitude earthquake centered in the Los Angeles region, as noted by the ASPCA. Early findings demonstrate that the earthquake would result in more than 300,000 animals needing care and shelter.

4. Current Related Legislation. AB 316 (Maienschein) Exempts from state licensure veterinary health care practitioners who are licensed or certified in good standing from another state and who offer veterinary services in the event of a “cruelty incident,” as defined, and allows the sponsoring entity to operate a temporary shelter in order to provide care to animals seized as a result of a cruelty incident.
   (Status: The bill is also set for a hearing before this Committee on July 6.)

4. Prior Related Legislation. AB 1810 (Hayashi, Chapter 538, Statutes of 2010) exempted from liability veterinarians or registered veterinarian technicians who provide services during any state of way emergency, as state of emergency, or local emergency, among numerous other provisions.

4. Arguments in Support. According to the Sponsors the ASPCA, this measure “clarifies existing disaster response law to ensure that veterinarians licensed in another state that have been called on by California to respond to a declared emergency have the ability to establish temporary animal shelters. Business and Professions Code 900 currently authorizes the State Emergency Medical Services Authority to request health professionals, including veterinarians, from other states to assist during a declared emergency. However, existing law is unclear whether those veterinarians called into assist during a declared state of emergency can establish temporary shelters to house displaced animals. In fact, existing law is unclear whether even California licensed veterinarians can establish shelters during a disaster deployment – AB 317 will clarify that both in state and out of state veterinary responders can utilize temporary shelters during a declared state of emergency.
   The Tony La Russa’s Animal Rescue Foundation (ARF), the California Animal Control Directors Association, the California Professional Firefighters and other supporters of this measure indicate that one of the most significant natural disasters in our nation’s history was Katrina and one that presented many difficulties for responders. The challenges faced in the Gulf States ten years ago would appear again when Hurricane Sandy made landfall in the Northeast in 2012. Sandy displaced thousands of people and pets, caused nearly 300 deaths, and plunged parts of the U.S. into darkness for weeks. Both events, in addition to other disasters across the country have also demonstrated the need to deploy resources to provide displaced or lost animals with proper care and shelter. Temporary shelters are critical for the health and welfare of Californians since many people will not evacuate during a natural disaster without their beloved animals and some actually to go back to try and retrieve their pet. Temporary shelters are critical to ensuring that people will feel safe about evacuating when they need to evacuate. Also, many shelters cannot handle all the animals impacted; this measure will ensure that both veterinarians in California and those from another state, if requested by State Emergency Medical Services Authority, can establish temporary shelters to house and treat displaced animals and assist in their return to their rightful owners.

4. Arguments in Opposition. The California Veterinary Medical Association (CVMA) is opposed to this measure and believes that exemption from a California veterinary premises permit should only be used when there is no other alternative. “After careful deliberation and several meetings with the bill’s sponsors, the CVMA believe the need for out-of-state veterinarians to provide veterinary medical care in a temporary shelter facility established by an organization during a state of emergency has not been demonstrated. Further, we think AB 317 does not provide sufficient protection for animals and consumers.” CVMA is concerned that there is no provision for the VMB to take disciplinary action against the veterinarian or inspect the temporary facility. CVMA goes on to state that “[t]here are more than 9,200 licensed veterinarians in California. The California Veterinary Medical Reserve Corps (CAVMRC) has more than 750 members and is integrated into the California Emergency Management System. The CAVMRC provides training and resources for veterinary professionals to respond to the needs of animals during a disaster. Additionally, the California Animal Response Emergency System (CARES), which operates under the California Governor’s Office of Emergency Services (Cal-OES) and the California Department of Food and Agriculture, is a state emergency for animals. These two systems along with private practice and shelter veterinarians in California have historically met the shelter and housing needs of animals displaced during a disaster through private veterinary facilities, animal control, and SPCA facilities or temporary facilities.”
   
   The VMB is also opposed to this measure and argues that “AB 317 restricts the Board’s ability to ensure that any organization entering California to provide veterinary care during a declared emergency is qualified to do so by meeting even the basic minimum facility standards.” The VMB further states that exempting a facility from registration and further inspection by the Board, potentially exposes animals and the public to unsanitary conditions where serious harm may come to the very animals the temporary shelter is designed to protect. The VMB is also concerned that this measure would seriously limit the Board’s enforcement ability to respond to an adverse situation if a temporary shelter failed to provide safe and efficacious veterinary care. Since current law restricts the Board’s inspection authority to only those premises that are registered with the Board, there would be little to no recourse through the state should an animal be injured or harmed at an unregistered shelter.

SUPPORT AND OPPOSITION:

Support:

American Society for the Prevention of Cruelty to Animals (Sponsor)

American Red Cross

California Animal Control Directors Association

California Professional Firefighters

County Health Executives Association of California

Tony La Russa’s Animal Rescue Foundation

Opposition:

California Veterinary Medical Association

California Veterinary Medical Board

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 317

Author:(Maienschein)

As Amended Ver:April 27, 2015

Majority vote

SUMMARY: Exempts an organization, that establishes a temporary shelter facility for the purpose of providing veterinary medical care, shelter and food and water during a state of emergency by a veterinarian licensed in another state, from a premises registration permit if the shelter meets certain conditions, including posting a notice about the use of a temporary shelter, complying with sanitary standards and ceasing operation within 60 days of establishment. Specifically, this bill:

1. Exempts an organization that establishes a temporary shelter facility, in order to provide veterinary medical care, shelter, and food and water during a state of emergency by a veterinarian, who is regularly licensed from another state, from a premises registration requirement if the following conditions are met:

   1. A notice is posted in a conspicuous location stating that the temporary shelter facility is being used for the diagnosis and treatment of animals affected by the state of emergency and that the diagnosis and treatment is provided by a veterinarian who is licensed in another state or territory of the United States;

   2. The temporary shelter facility complies with sanitary requirements, as specified; and,

   3. The temporary shelter ceases operations within 60 days after its establishment unless the Veterinary Medical Board (VMB) grants an extension of this date to protect the public health and safety of the animals within the temporary shelter.

FISCAL EFFECT: According to the Assembly Appropriations Committee, any costs to the VMB are minor and absorbable.

COMMENTS:

Purpose. This bill is sponsored by the American Society for the Prevention of Cruelty to Animals (ASPCA). According to the author, "… an overwhelming number of Americans reported on a recent poll that they would not evacuate their homes during a disaster if it means leaving their pets behind. It is important that we authorize animal welfare responders to establish temporary facilities to ensure the health and safety of Californians as well as their animals.

"Mid-disaster is no time to try to grapple with these logistical issues – [this bill] will make California prepared to evacuate every person and every pet when confronted by our next wildfire, flood, mudslide or other major disaster."

Background. The author notes that 2015 marks the 10th anniversary of Hurricane Katrina. The disaster highlighted awareness across the nation about the need to deploy resources to provide services for displaced or lost animals including proper care and shelter during an emergency. According to the sponsor, in the event of Hurricane Sandy, many individuals had to move to temporary shelters which did not always allow animals. The ASPCA reports that it established temporary shelters to house those animals along with stray animals.

This bill aims to make it clear that an organization seeking to establish a temporary shelter facility, for the purpose of animal care during a state of emergency, as determined by the appropriate authority, will be exempt from the current premises requirements for veterinary care facilities as long as specific conditions are met.

Veterinary Medical Board. The VMB's mission is to protect consumers and animals through development and maintenance of professional standards, licensing of veterinarians, registered veterinary technicians and premises, and diligent enforcement of the Veterinary Medicine Practice Act. To that end, the VMB licenses and regulates veterinarians, registered veterinary technicians, veterinary hospitals and mobile practices.

Under current law, Business and Professions Code Section 4853 requires all premises where veterinary medicine is practiced to obtain a premises permit from the VMB. There are currently over 3000 licensed premises in California and more than 11,000 licensed veterinarians. In order to obtain the premises permit, applicants must submit an application which needs to include the type of practice, the number of employees, the business model, business owner information and a $200 registration fee. The VMB reports that the application process for a premises permit takes between three and four weeks. In the case of a declared state of emergency, this process could be viewed as prohibitive for organizations to apply for and receive the appropriate premises license currently required to provide veterinary services.

In order to alleviate the potential barrier for organizations to establish temporary shelters for the sole purpose of veterinary medical care, shelter, food and water for emergency animal assistance, this bill would exempt organizations from having a premises permit as long as they post a notice that the shelter is temporary, it complies with the sanitation standards under existing law and the shelter ceases to exist within 60 days after its establishment unless the VMB grants a specific exemption.

As highlighted on the Web site, http://www.ready.gov/caring-animals, most shelters for people do not allow animals due to public health reasons; therefore, pet emergency planning is necessary. As written, in order for a temporary shelter to be established without the proper premises permit, this bill would require a declaration of a state of emergency order as defined in Government Code Section 8858.

Emergency Declarations. The Governor has the authority to issue emergency declarations for state of emergencies and state of war emergencies. Local emergencies are declared by the local governing body of a city, county or city and county. Under current law, emergencies may be declared for multiple reasons, including fires, floods, earthquakes, and storms or riots, among others. Under the provisions of this bill, an organization would be authorized to establish a temporary shelter and be exempt from the premises requirement for any state of emergency declaration ordered as defined in Government Code Section 8558.

Disasters and Animals. As noted, the Hurricane Katrine disaster of 2005 heightened the awareness and need for effective emergency plans at the local, state and federal level, including emergency plans for pets. As a result, the Federal Pets Evacuation and Transportation Standards Act of 2006 was passed, which amended the Stafford Disaster Relief and Emergency Assistance Act to include that state and local emergency preparedness planning address the needs of individuals with household pets and service animals following a major disaster or emergency. In addition, the need for pet care in the event of emergencies led several animal welfare and animal care organizations to establish disaster response teams to provide emergency assistance including the ASCPA and the VMB among others.

In the event of a declared state of emergency, this bill would authorize temporary shelter facilities for the purpose of providing veterinary medical care, shelter and food and water to operate in California for a limited period of time without a premises permit as required for all other animal veterinary care services.

Policy Issue: As currently written, this bill will exempt organizations that establish a temporary shelter facility to provide veterinary medical care, shelter, food and water during a state declared emergency by a veterinarian licensed in another state to be exempt from the premises permit required by existing law.

However, it is unclear if an organization that establishes a temporary facility for veterinary medical care after a declared emergency would be exempt from the premises requirement if the organization used California-licensed veterinarians. The author may wish to consider clarifying that a temporary shelter established after a declaration of an emergency could be exempt from the premises permit if they used a California-licensed veterinarian as well.

Analysis Prepared by: Elissa Silva / B. & P. / (916) 319-3301 FN: 0000423

Date of Hearing: May 6, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 317

Author:(Maienschein) – As Amended Ver:April 27, 2015

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill allows an organization that meets certain conditions to establish a temporary shelter facility, for the purpose of providing veterinary medical care, shelter and food and water during a state of emergency.

FISCAL EFFECT:

Any costs to the Veterinary Medical Board are minor and absorbable.

COMMENTS:

1. Purpose. This bill intends to facilitate the establishment of temporary shelter facilities for the purpose of animal care during a state of emergency, by clarifying the conditions that must be met in order to be exempt from normal "premises requirements" for veterinary care facilities.

2. Related Legislation. AB 316 (Maienschein) permits a veterinarian licensed in another state to attend to cases of animal cruelty or animal fighting in California.

Analysis Prepared by: Lisa Murawski / APPR. / (916) 319-2081

Date of Hearing: April 21, 2015

ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS

Susan Bonilla, Chair

ABPCA Bill Id:AB 317

Author:(Maienschein) – As Amended Ver:March 26, 2015

SUBJECT: Veterinary medicine: temporary shelter facility.

SUMMARY: Exempts an organization, that establishes a temporary shelter facility for the purpose of providing veterinary medical care, shelter and food and water during a state of emergency by a veterinarian licensed in another state, from a premises registration permit if the shelter meets certain conditions, including posting a notice about the use of a temporary shelter, complying with sanitary standards and ceasing operation within 60 days of establishment.

EXISTING LAW:

1. Permits a health care practitioner licensed in another state or territory of the United States (US) who offers or provides health care for which he or she is licensed, if the health care is provided only during a state of emergency as specified, when an emergency overwhelms the response capabilities of California health care practitioners and only upon the request of the Director of the State Emergency Medical Services Authority (EMSA). (Business and Professions Code (BPC) Section 900)

2. Requires all premises where veterinary medicine, veterinary dentistry and veterinary surgery are being practiced to be registered with the Veterinary Medical Board (VMB). (BPC Section 4853)

3. Defines "premises" as a building, kennel, mobile unit or vehicle as specified. (BPC Section 4853)

4. Requires all premises where veterinary medicine, veterinary dentistry or veterinary surgery is practiced, and all instruments, apparatus and apparel used in connection with those practices, to be kept clean and sanitary at all times and conform to minimum standards established by the VMB. (BPC Section 4854)

5. Authorizes the VMB to suspend or revoke registration of a veterinary premise when the licensee manager, as specified, ceases to become responsible for management of the registered premises and no substitution is available, or when the licensee manager's license has been suspended or revoked. (BPC Section 4853.6(a)(b))

6. Permits the VMB to inspect, at any time, the premises on which veterinary medicine, veterinary dentistry or veterinary surgery is practiced. However, the VMB's inspection authority does not extend to premises that are not registered with the VMB. (BPC Section 4809.5)

7. Defines “State of war emergency” to mean the condition which exists immediately, with or without a Governor's proclamation, whenever the state or nation is attacked by an enemy of the US or upon a warning from the federal government indicating that such an enemy attack is probable or imminent. (Government Code (GC) Section 8558).

8. Defines “State of emergency” to mean the duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and property within the state caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, an earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a “state of war emergency,” which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission. (GC Section 8558)

9. Defines “Local emergency” to mean the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor’s warning of an earthquake or volcanic prediction, an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission. (GC Section 8558)

THIS BILL:

1. Exempts an organization that establishes a temporary shelter facility, in order to provide veterinary medical care, shelter, and food and water during a state of emergency by a veterinarian, who is regularly licensed from another state, from a premises registration requirement if the following conditions are met:

   1. A notice is posted in a conspicuous location stating that the temporary shelter facility is being used for the diagnosis and treatment of animals affected by the state of emergency and that the diagnosis and treatment is provided by a veterinarian who is licensed in another state or territory of the US;

   2. The temporary shelter facility complies with sanitary requirements, as specified; and,

   3. The temporary shelter ceases operations within 60 days after its establishment unless the VMB grants an extension of this date to protect the public health and safety of the animals within the temporary shelter.

FISCAL EFFECT: Unknown. This bill is keyed fiscal by the Legislative Counsel.

COMMENTS:

1. Purpose. This bill is sponsored by the American Society for the Prevention of Cruelty to Animals (ASPCA). According to the author, "…an overwhelming number of Americans reported on a recent poll that they would not evacuate their homes during a disaster if it means leaving their pets behind. It is important that we authorize animal welfare responders to establish temporary facilities to ensure the health and safety of Californians as well as their animals.

Mid-disaster is no time to try to grapple with these logistical issues – [this bill] will make California prepared to evacuate every person and every pet when confronted by our next wildfire, flood, mudslide or other major disaster.”

2. Background. The author notes that 2015 marks the 10^th anniversary of Hurricane Katrina. The disaster highlighted awareness across the nation about the need to deploy resources to provide services for displaced or lost animals including proper care and shelter during an emergency. According to the sponsor, in the event of Hurricane Sandy, many individuals had to move to temporary shelters which did not always allow animals. The ASPCA reports that it established temporary shelters to house those animals along with stray animals.

This bill aims to make it clear that an organization seeking to establish a temporary shelter facility, for the purpose of animal care during a state of emergency, as determined by the appropriate authority, will be exempt from the current premises requirements for veterinary care facilities as long as specific conditions are met.

Veterinary Medical Board. The VMB's mission is to protect consumers and animals through development and maintenance of professional standards, licensing of veterinarians, registered veterinary technicians and premises, and diligent enforcement of the Veterinary Medicine Practice Act. To that end, the VMB licenses and regulates veterinarians, registered veterinary technicians, veterinary hospitals and mobile practices.

Under current law, BPC Section 4853 requires all premises where veterinary medicine is practiced to obtain a premises permit from the VMB. There are currently over 3000 licensed premises in California and more than 11,000 licensed veterinarians. In order to obtain the premises permit, applicants must submit an application which needs to include the type of practice, the number of employees, the business model, business owner information and a $200 registration fee. The VMB reports that the application process for a premises permit takes between three and four weeks. In the case of a declared state of emergency, this process could be viewed as prohibitive for organizations to apply for and receive the appropriate premises license currently required to provide veterinary services.

In order to alleviate the potential barrier for organizations to establish temporary shelters for the sole purpose of veterinary medical care, shelter, food and water for emergency animal assistance, this bill would exempt organizations from having a premises permit as long as they post a notice that the shelter is temporary, it complies with the sanitation standards under existing law and the shelter ceases to exist within 60 days after its establishment unless the VMB grants a specific exemption.

As highlighted on the website, http://www.ready.gov/caring-animals, most shelters for people do not allow animals due to public health reasons; therefore, pet emergency planning is necessary. As written, in order for a temporary shelter to be established without the proper premises permit, this bill would require a declaration of a state of emergency order as defined in GC Section 8858.

Emergency Declarations. The Governor has the authority to issue emergency declarations for state of emergencies and state of war emergencies. Local emergencies are declared by the local governing body of a city, county or city and county. Under current law, emergencies may be declared for multiple reasons, including fires, floods, earthquakes, and storms or riots, among others. Under the provisions of this bill, an organization would be authorized to establish a temporary shelter and be exempt from the premises requirement for any state of emergency declaration ordered as defined in GC 8558.

Disasters and Animals. As noted, the Hurricane Katrine disaster of 2005 heightened the awareness and need for effective emergency plans at the local, state and federal level, including emergency plans for pets. As a result, the Federal Pets Evacuation and Transportation Standards Act of 2006 was passed, which amended the Stafford Disaster Relief and Emergency Assistance Act to include that state and local emergency preparedness planning address the needs of individuals with household pets and service animals following a major disaster or emergency. In addition, the need for pet care in the event of emergencies led several animal welfare and animal care organizations to establish disaster response teams to provide emergency assistance including the ASCPA and the Veterinary Medical Association among others.

In the event of a declared state of emergency, this bill would authorize temporary shelter facilities for the purpose of providing veterinary medical care, shelter and food and water to operate in California for a limited period of time without a premises permit as required for all other animal veterinary care services.

3. Current Related Legislation. AB 316 (Maienschein) of the current legislative session, permits a veterinarian licensed in another state to be called into California by law enforcement, animal control or a humane officer, to attend to cases of animal cruelty or animal fighting as requested and permits the establishment of temporary shelters for the purpose of assisting in the investigation. STATUS: This bill is pending in the Assembly Committee on Business and Professions.

4. Previous Related Legislation. AB 1810 (Hayashi), Chapter 538, Statutes of 2010, exempted from liability veterinarians or registered veterinarian technicians who provide services during any state of war emergency, a state of emergency, or local emergency, among numerous other provisions.

ARGUMENTS IN SUPPORT:

The American Society for the Prevention of Cruelty to Animals writes in support, "[this bill] clarifies existing disaster response law to ensure that veterinarians licensed in another state that have been called on by California to respond to a declared emergency have the ability to establish temporary animal shelters. [BPC Section] 900 authorizes the CalEMSA to request health professionals from other states to assist during a declared emergency. However, it is unclear whether that section authorizes veterinarians to establish temporary shelters to house displaced animals."

ARGUMENTS IN OPPOSITION:

None on file.

POLICY ISSUE:

As currently written, this bill will exempt organizations that establish a temporary shelter facility to provide veterinary medical care, shelter, food and water during a state declared emergency by a veterinarian licensed in another state to be exempt from the premises permit required by existing law.

However, it is unclear if an organization that establishes a temporary facility for veterinary medical care after a declared emergency would be exempt from the premises requirement if the organization used California-licensed veterinarians. The author may wish to consider clarifying that a temporary shelter established after a declaration of an emergency could be exempt from the premises permit if they used a California-licensed veterinarian as well.

AMENDMENT:

As currently written, this bill permits a temporary shelter to exist for the sole purpose of providing veterinary medical care in the event of a state-declared emergency and permits the care of those animals to be conducted by a veterinarian who is regularly licensed in another state. In order to make it clear that the veterinarian practicing from another state has an active license and has not been disciplined, the author may wish to include a provision that the veterinary license be in good standing and not be subject to disciplinary actions in another state.

On page 2, line 7, after "licensed" insert: in good standing

REGISTERED SUPPORT:

American Society for the Prevention of Cruelty to Animals (sponsor)

Contra Costa Humane Society

RedRover

Tony La Russ's Animal Rescue Foundation

REGISTERED OPPOSITION:

None on file.

Analysis Prepared by: Elissa Silva / B. & P. / (916) 319-3301