Date of Hearing: August 10, 2020

ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS

Evan Low, Chair

SBPCA Bill Id:SB 1347

Author:(Galgiani) – As Amended Ver:August 4, 2020

SENATE VOTE: 40-0

SUBJECT: Veterinary medicine: license exceptions

SUMMARY: Expands exemptions to the practice of veterinary medicine, and allows an animal shelter employee or volunteer who has obtained training to perform specified veterinary tasks.

EXISTING LAW:

Establishes the Veterinary Medical Board (VMB) under the Department of Consumer Affairs, responsible for licensing and regulating veterinarians, registered veterinary technicians, issuing premises permits for veterinary hospitals, and issuing Veterinary Assistant Controlled Substances Permits. (Business and Professions Code (BPC) Section 4800 et seq.)
Authorizes the VMB to inspect at any time premises in which veterinary medicine, veterinary dentistry, or veterinary surgery is practiced, and specifies that the VMB’s inspection authority does not extend to premises that are not registered with the VMB. (BPC Section 4809.5)
Requires all veterinarians actually engaged and employed as veterinarians by the state, or a county, city, corporation, firm or individual to secure a license from the VMB. (BPC Section 4828)
States that it is unlawful for any person to practice veterinary medicine unless a person holds a valid, unexpired, and unrevoked license. (BPC Section 4825)
Exempts specified activities from being considered veterinary medicine, and allows individuals to do the following without a veterinary license:
1. Practicing veterinary medicine as a bona fide owner of one’s own animals and applies to the owner’s bona fide employees, and any person assisting the owner, provided that the practice is performed gratuitously;
2. Lay testing of poultry by the whole blood agglutination test, as specified;
3. Making any determination as to the status of pregnancy, sterility, or infertility upon livestock, equine, or food animals at the time an animal is being inseminated, providing no charge is made for this determination;
4. Administering sodium pentobarbital for euthanasia of sick, injured, homeless, or surrendered domestic pets or animals without the presence of a veterinarian when the person is an employee of an animal control shelter and its agencies or humane society and has received proper training in the administration of sodium pentobarbital. (BPC Section 4827)
Requires animal shelters to provide animals with necessary and prompt veterinary care, nutrition, and shelter, and kind treatment. (Civil Code Section 1834)

THIS BILL:

States that it is the intent of the legislature to continue reviewing shelter operations and the adequate oversight of veterinary activities performed by licensed veterinary professionals, shelter employees and shelter volunteers, including but not limited to, through the next Sunset review process of the VMB.
Adds providing necessary and prompt veterinary care to animals lawfully deposited with or impounded by a shelter to the list of exemptions to the practice of veterinary medicine.
Defines “veterinary care” as performing the following activities without the presence of a veterinarian:
1. Administering preventative or prophylactic nonprescription vaccinations to the animal pursuant to protocols written by a veterinarian, for the purpose of preventing the spread of communicable diseases, when the person has received proper training in the administration of the nonprescription preventative or prophylactic vaccinations.
2. Administering nonprescription medications to the animal pursuant to protocols written by a veterinarian, for the control or eradication of internal or external parasites, when the person has received proper training in the administration of the nonprescription medication for the control or eradication of parasites.
3. Administering medication prescribed by a veterinarian to the animal when the shelter has received a written treatment plan from a veterinarian, when the shelter has a dispensing protocol in place for tracking dispensed prescribed medication, and when the person has received proper training in the administration of prescription medication.
4. Changing bandages or dressings, after examination by a veterinarian and in accordance with the directions of a veterinarian, when the shelter has received a written treatment plan from the veterinarian, when the shelter has a wound care protocol in place for the tracking of care provided, and when the person has received proper training in bandaging and bandage care.
Adds administering first aid without the presence of a veterinarian to an animal lawfully deposited with or impounded by a shelter to the list of exemptions to the practice of veterinary medicine, provided the person has received proper training.
Specifies that animals receiving first aid must be transported to a veterinarian as soon as practically possible for follow-up care.
Defines first-aid as:
1. Controlling external bleeding with direct pressure or bandaging, for the purpose of stopping the bleeding.
2. Removing visible foreign objects from an animal's airway for the purpose of restoring breathing.
3. Administering rescue breathing and chest compressions in the event that the animal has no heartbeat.
Defines proper training as completing a curriculum provided by a veterinarian licensed in California, and includes, but is not limited to the following:
1. Four (4) hours of training that include an overview of intake procedures and preventative medicine, recognizing when an animal must be seen by a veterinarian, basic first aid and bandage care, prescription and non-prescription medications, humane animal restraint techniques, vaccination injection methods and procedures, and documentation.
2. Two (2) hours of hands-on training in humane animal restraint techniques, vaccination procedures, first aid, and bandage care.
Specifies that the training must be taken at a minimum every 3 years.
States that that individuals duly licensed as a registered veterinary technician shall be exempt from the bill’s training requirements.
Specifies that the exempted veterinary activities in this bill only apply to a duly authorized officer, employee, or volunteer of the shelter, and that the shelter must maintain records veterinary care provided, as specified.
States that nothing in this bill relieves a duly authorized officer of a shelter from the obligation to convey an injured animal to a veterinarian, as specified, or as otherwise necessary to provide the animal with the veterinary care that the shelter is unable to perform.
Specifies that a shelter performing exempted veterinary activities under this bill is not required to register with the VMB, provided that no other veterinary medicine, dentistry, or surgery, or a branch thereof, is practiced at that premise.
Defines “shelter” to mean a public animal shelter, shelter operated by a society for the prevention of cruelty to animals, or humane society.

FISCAL EFFECT: Pursuant to Senate Rule 28.8, no significant state costs are anticipated.

COMMENTS:

Purpose. This bill is sponsored by the California Animal Welfare Association (CalAnimals). According to the author: “Governor Gavin Newsom announced in January of 2020 that he wants California to become a “no-kill state,” ending the euthanasia of adoptable and treatable animals for good in shelters from Yreka to Chula Vista. Keeping mind of the Governor’s goals for a no-kill state, California Animal Welfare Association (CalAnimals), the sponsor of this bill, proposed legislation that would ensure the shelters are able to provide vaccinations to animals in their care regardless of their ability to hire a veterinarian. During the recession that started in 2008, animal shelters were the last resort for animals left in foreclosed homes, left in the street, and in some cases, left to die. Given the current Covid-19 pandemic and the declining local government revenues, many animal shelters may be subjected to even deeper cuts while again being used as a last resort for people to abandon their animals.

SB 1347 aims to give animal shelter caretakers the training and resources they need to meet the Governor’s “no kill goal” over the next five years. SB 1347 gives properly trained shelter staff and volunteers, and volunteers with organizations such as a “Society for the Prevention of Cruelty to Animals” (SPCA), the authority to administer non-prescription vaccinations for the prevention of communicable diseases such as kennel cough, distemper and parvovirus for dogs, feline distemper, and respiratory diseases for cats. The bill will also give animal shelter staff and volunteers the ability to administer non-prescription medications to treat animals for parasites such as fleas, ticks, and worms. In the event a shelter animal becomes sick or injured, SB 1347 would allow shelter caretakers to administer medication prescribed by, and under the direction of a veterinarian, change bandages, perform basic first aid, and provide wound care.

Under current law, when animals are impounded or taken in at an animal shelter, the shelter is responsible for providing care and treatment of the animals, including vaccinations, medication, spay and neuter, preventative medications including flea and tick treatments, and de-wormers, among others. However, current law has been a barrier to treatment in small and rural communities who cannot afford to employ a veterinarian on staff, as these treatments are considered the “practice of veterinary medicine.” Pet owners can give their animals over-the-counter medications, but current state law prohibits non-veterinary medical shelter staff and volunteers from being able to do the same. This means that if an animal comes into the shelter with fleas or ringworm, non-vet staff are legally empowered to euthanize the animal but not to give it a flea pill. SB 1347 allows animal shelter staff the ability to care for adoptable pets in the same way that you and I are able to care for our own pets. CalAnimals estimates that 25% of the state’s approximately 330 sheltering agencies are unable to obtain employ a veterinarian on staff, and therefore must outsource care to private practice veterinarians. Now more than ever, we must give shelters the tools they need to reduce the number of euthanized animals.”

Background.

Veterinary Medicine. The veterinary medical profession provides health care to several types of animals, including pets such as dogs, cats, rabbits, birds, hamsters and snakes, to agricultural livestock such as cattle, poultry, fish, goats, pigs, and horses. Similarly to human medicine, there are recognized specialties within the veterinary profession, including surgery, internal medicine, microbiology, pathology and more. In order to practice veterinary medicine, an applicant must generally graduate from a degree program offered by an accredited postsecondary institution or institutions approved by the VMB, pass a national veterinarian examination, and pass a state examination administered by the VMB on California-specific veterinary laws and regulations.

The Veterinary Medical Board. The VMB is the state governmental entity responsible for licensing and regulating Veterinarians, Registered Veterinary Technicians, Veterinary Assistant Controlled Substances Permit holders, veterinary schools, and veterinary premises. Deriving its authority from the Veterinary Practice Act, the VMB’s mission is to protect the California public from the incompetent, unprofessional, and unlicensed practice of veterinary medicine. To that end, the VMB is responsible for developing, maintaining, and enforcing the professional standards of veterinary medicine, and ensuring that each licensee possesses the level of competence required to perform animal health care services.

Existing law also requires all premises where veterinary medicine, veterinary dentistry, and veterinary surgery is practiced to be registered with the VMB. A premises includes any building, kennel, mobile unit or vehicle.

Animal Shelters. Shelters are responsible for taking in stray, lost, abandoned or surrendered animals, and provide an important service to the public by helping animals reunite with their owners, rehoming the animals through adoption, or finding an alternative organization or entity to take in the animals prior to considering euthanasia. There are approximately 300 shelters in California, ranging from city or county run shelters, to non-profit organizations, to private non-profit agencies contracted by the government to provide animal control services.

California law includes a variety of statutes in the Civil Code, Food and Agricultural Code, and Penal Code which regulate how shelters handle and process animals. These statutes were most notably established through SB 1785 (Hayden, Chapter 752, Statutes of 1998), often referred to as “Hayden Law.” Hayden Law designates shelters as “depositary of living animals” and requires shelters to provide necessary and prompt veterinary care, nutrition, shelter, and kind treatment to all animals received. Among other policies, Hayden Law also specifies that it is the policy of California that no adoptable animal should be euthanized if it can be adopted into a suitable home. It also establishes minimum holding period protocols, and creates record keeping standards and requirements for shelters.

Proposed Shelter Regulations by the VMB. In 2015, the VMB began an effort to review existing and needed regulations related to the practice of animal medicine in a shelter setting. After interviewing several shelters throughout the state and examining their facility protocols, the Board determined that shelters performing certain animal health care tasks, including administering medication or rendering first aid, should register with the Board under a premise permit.

Acknowledging that some shelters were unable to meet existing premise permit requirements due to the lack of resources or veterinary staff, the VMB held a series of stakeholder meetings between 2015 and 2018 to identify the unique challenges of providing animal care in a shelter setting, and propose draft regulations accordingly. The California Veterinary Medical Association (CVMA), the State Humane Association of California (SHAC) and the California Animal Control Director’s Association (CACDA) are noted as participants in these stakeholder meetings. (Note: SHAC and CACDA merged in 2018 to become the California Animal Welfare Association.)

In April of 2019, the VMB voted to approve a regulatory package that would establish minimum standards for animal shelters. The draft regulations adopted by the Board, among other items, would set minimum facility and sanitation standards, authorize shelter staff to provide specified medical care to animals, and establish the appropriate degree of involvement and physical presence from a licensed Veterinarian at a shelter. At the time of this writing, these regulations are not yet implemented, and are currently undergoing the regulatory review process. Sponsors of the bill have expressed concerns over the VMB’s proposed regulations, noting that the some shelters are currently unable to obtain veterinary support – either due to a lack of funding or due to a shortage of veterinarians in certain geographical areas – and that regulatory oversight would further increase unfunded mandates on shelter operations.

Exempted Veterinary Activities. Activities that constitute the practice of veterinary medicine in California are specified in statute, and include diagnosing or prescribing a drug, medicine, appliance, application, treatment of whatever nature, for the cure or relief of a wound, fracture, bodily injury or disease of animals, or performing surgical or dental operation upon an animal. The Veterinary Practice Act also specifies the actions that may be performed by a registered veterinary technician or veterinary assistant under the supervision of a licensed veterinarian. Existing law makes it unlawful for any person to practice veterinary medicine in California unless the person holds a valid, unexpired, and unrevoked license issued by the VMB.

However, BCP Section 4827 also provides several exemptions to the practice of veterinary medicine, and allows unlicensed individuals to perform certain animal health care tasks in specific conditions without needing a veterinary license. This includes practicing veterinary medicine on one’s own animals; specified poultry testing; determining the status of pregnancy, sterility, or infertility in livestock or food animals; and administering sodium pentobarbital to euthanize sick, injured, homeless, or surrendered animals without the presence of a veterinarian when the person is an employee of an animal control shelter and has received proper training. Of note, because shelters are designated as a repository for animals, shelters are not considered “the owner” of the animal, and therefore do not meet the existing exemption to the practice of veterinary medicine for animal owners.

This bill seeks to add additional exemptions to the practice of veterinary medicine, and would authorize shelter employees and volunteers to perform other treatments on animals without the presence of a veterinarian, beyond performing euthanasia. Specifically, the bill would allow shelter personnel, who have received proper training, to (1) administer preventative or prophylactic nonprescription vaccinations for the purpose of preventing the spread of communicable diseases, pursuant to protocols written by a veterinarian; (2) administer non-prescription medications for eradicating internal or external parasites such as fleas, ticks, worms; (3) administer medication prescribed by a veterinarian, pursuant to a written treatment plan and on the condition that the shelter has a dispensing and tracking protocol in place for prescription medication; (4) changing of bandages or dressings after examination by a veterinarian and in accordance with the directions of a veterinarian; and (5) administer first aid.

When animals are impounded or taken in at an animal shelter, the shelter is responsible for providing care and treatment of the animals including vaccinations, medication, spay and neuter, preventive medications including flea and tick treatments and de-wormers, among other activities. However, under existing law, those treatments are considered the practice of veterinary medicine and must be done by a veterinarian or registered veterinary technician or veterinary assistant under direction of a veterinarian. The sponsor of the bill explains that some shelters – approximately 25% statewide – are unable to maintain or afford a veterinarian on staff, and that the effects of the global coronavirus pandemic has further degraded the financial situation of animal shelter operations across the state. Additionally, rural cities and counties may be located in regions with a severe shortage of veterinary medical professionals, with shelters located far from any veterinary facilities. By adding additional exempted activities to the practice of veterinary medicine, the sponsor of the bill argues that shelters will be able to provide important care for shelter animals, regardless of a shelter’s ability to obtain veterinary staffing.

Proper Training. This bill specifies that shelter employees and volunteers must receive proper training prior to performing any of the exempted activities. The training curriculum includes four (4) hours of training on intake procedures and preventative medicine, recognizing when an animal must be seen by a veterinarian, basic first aid and bandage care, prescription and non-prescription medications, humane animal restraint techniques, vaccination injection methods and procedures, and documentation. In addition, the training curriculum requires two (2) hours of hands-on training in humane animal restraint techniques, vaccination procedures, first aid and bandage care. Trainings must be provided by a California licensed veterinarian and shall be taken at a minimum every 3 years, in order to ensure shelter staff are current and up-to-date on all exempted veterinary tasks. The bill specifies that registered veterinary technicians are exempt from these training requirements, as RVTs have already received training on these veterinary activities by way of their licensing requirements.

Definition of First Aid. The bill authorizes a shelter employee or personnel who has received proper training to administer first aid to an animal received by a shelter, without the presence of a veterinarian. In order to provide clarity on the scope of first aid procedures, and to set proper limitations on this exempted activity, the bill specifies what constitute the administration of first aid. Specifically, first aid is defined as (1) controlling external bleeding with direct pressure or bandaging, for the purpose of stopping the bleeding; (2) removing visible foreign objects from an animal's airway for the purpose of restoring breathing; and (3) administering rescue breathing and chest compressions in the event that the animal has no heartbeat.

ARGUMENTS IN SUPPORT:

The California Animal Welfare Association writes in support: “SB 1347 is a necessary piece of legislation that will prevent needless euthanasia where veterinarians are not immediately available. The bill codifies what is literally happening every day in some California shelters, where lean budgets and the love of animals meet. This bill is being sponsored to save as many adoptable pets that shelters can while dealing with budgetary and personnel realities that directly collide with the statute.”

The American Society for the Prevention of Cruelty to Animals writes in support: “State law mandates that public and private shelters must provide medical care to animals in their care […] SB 1347 is a common-sense piece of legislation that acknowledges the obligations under existing law and allows animals shelters to provide the care needed to ensure animals in their care are treated humanely.”

Best Friends Animal Society writes in support: “SB 1347 would also save the lives of shelter dogs and cats by allowing workers to administer basic first aid to the animal without the presence of a veterinarian when the person has received proper training in the administration of animal first aid. This is extremely important, so animals are not allowed to suffer untreated if a veterinarian is not readily available. Equally important is the provision contained in this bill that would reduce the burden and bureaucracy placed on local animal shelters of having to obtain a veterinary premises permit.”

The County of Los Angeles writes in support: “The Los Angeles County Department of Animal Care and Control reports that while its animal care centers throughout the County all have premise permits issued by the Veterinary Medical Board, smaller governmental animal care and control agencies, humane societies, and Societies for the Prevention of Cruelty to Animals (SPCAs) in the County and throughout the State do not have the ability to obtain premise permits. According to the Department, SB 1347 would improve the well-being of animals in California’s animal shelters by providing these shelters with a legal framework within which to provide necessary health care to their animals.”

The County of San Bernardino writes in support: “Many shelters are unable to hire a veterinarian due to fiscal and/or geographical factors. Additionally, shelters have been unable to find a veterinarian willing to accept the professional liability of maintaining a veterinary premise permit for their facility. SB 1347 permits animal shelters to take essential precautions to protect the health of pets entrusted in their care by ensuring that shelters are allowed to provide vaccinations and other basic care to prevent the spread of communicable diseases.”

The California State Sheriffs’ Association writes in support: “Many California sheriffs’ offices provide animal services to the county. Requiring the presence of a veterinarian to undertake common animal care activities like administering parasite control medication will be unduly burdensome, costly, and difficult to achieve in certain parts of the state. Shelters should be allowed to provide basic care to protect animals. SB 1347 achieves this through the right balance between appropriate care and local resource realities.”

The Rural County Representatives of California writes in support: “Animal shelters in rural communities often do not have full-time veterinarians, and some are located many miles away from a veterinary facility. In addition, rural shelters operate with modest resources and budgets, and often times face difficulty when updating their facility to meet the robust premise permit requirements and/or find a veterinarian willing to take responsibility for the shelter facility and the activities of its staff. SB 1347 is narrowly crafted and allows properly trained individuals in a shelter setting to provide immediate and necessary treatment of animals within their respective care.”

68 shelters and local municipalities collectively write in support: “SB 1347, as written, supports the health and safety of sheltered pets by ensuring that shelters are allowed to provide vaccinations and parasite control, administer first aid, and carry out veterinary instructions without the presence of a veterinarian or the requirement to obtain a veterinary premise permit for their facility; something that many shelters are unable to obtain. […] Regardless of market risks, geographical factors of public service operations and business locations, shelters must maintain the ability to provide humane care for animals. To protect their health, dogs and cats need vaccinations, prophylactic control of parasites, basic first aid, and necessary follow-up care prescribed by a veterinarian. It is paramount these needs are met regardless of the shelter’s ability to obtain veterinary staffing for their facility.”

ARGUMENTS IN OPPOSITION:

The California Veterinary Medical Association (CMVA) writes in opposition unless amended: “SB 1347 seeks to circumvent a regulatory package pertaining to minimum standards of practice at animal shelters, which is currently moving through the rulemaking process at the Veterinary Medical Board. The regulations would create clarity regarding basic sanitation and allowable tasks that can be performed by animal shelter staff/lay persons when a veterinarian is not present. […] SB 1347 now seeks to nullify those proposed regulations by creating an exemption for animal shelters from oversight or enforcement by the VMB. […] In an effort to address concerns raised by the sponsors, the CVMA is supporting a set of amendments […] which are intended to create a special “limited scope” registration for the specific shelters that are seeking relief from the VMB regulatory package.”

CVMA also writes: “SB 1347 would exempt these animal shelters from minimum facility standards, veterinarian oversight, and VMB inspection. In other words, if there are unsafe or unsanitary conditions at a shelter, if drugs are being stored improperly, if drugs are being diverted, and if harm is occurring to animals, the VMB would not have the typical inspection authority over these facilities.”

The Veterinary Medical Board writes in opposition unless amended: “As SB 1347 is currently written, no agency, local or state, would have authority to enforce the provisions of this bill, which will place shelter animals in danger. The bill also would remove all requirements for veterinarian oversight to ensure safe and sanitary facility conditions. […] The Board is unable to protect animals in shelters from inadequate veterinary care if there is no license holder that can be disciplined, and SB 1347 does not provide for any other agency oversight. Under the exemptions in SB 1347, if a consumer were to file a complaint with the Board alleging their animal was harmed by an unlicensed individual who performed services outlined in this bill at an unregistered shelter, the Board would have no jurisdiction over the complaint.”

The VMB also writes: “CVMA’s proposal would provide Board oversight, establish a limited premise registration fee, provide a definition of the training necessary to perform the limited veterinary services, and require the limited veterinary premises to maintain clean and sanitary conditions, written records, and client and patient confidentiality. CVMA’s amendments alleviate many of the Board’s concerns, and the Board could implement these amendments with minor and absorbable costs.”

15 Veterinarians write in opposition to the bill, expressing concerns that performing veterinary health care tasks without the presence of a veterinarian can potentially harm animals, and that the lack of shelter oversight would significantly deteriorate the quality of care provided in shelters.

POLICY ISSUES:

Oversight of Animal Shelters. Under existing law, the VMB has regulatory jurisdiction over the practice of veterinary medicine. This includes animal shelters that are registered under the VMB with a premise permit and have access to licensed veterinary staff at their locations. In its enforcement capacity, the VMB is able to conduct inspections, investigate issues, and take appropriate action against licensees if violations of the Veterinary Practice Act have occurred.

Because this bill exempts shelters that do not have a premise permit and do not have a veterinarian on site from registering with the VMB, it is unclear who will be responsible for enforcing the bill’s provisions and who will have oversight jurisdiction over these shelters. If adverse or criminal acts occur – such as diversion of prescription drugs or negligence during the administration of first aid – existing law does not specify who is responsible for investigating and taking the appropriate enforcement action. While that responsibility could fall on local government, it is uncertain if oversight jurisdiction is expressly given to local law enforcement agencies, cities, counties, public health departments, or other entities. Wiithout clear jurisdiction, the bill risks creating an inconsistent oversight standard, in which some animal shelters are under the jurisdiction of the VMB and others are not.

Although the bill does not specifically address this issue, it states that it is the intent of the legislature to continue reviewing shelter operations and the adequate oversight of veterinary activities performed by licensed veterinary professionals, shelter employees and shelter volunteers, including but not limited to, through the next Sunset review process of the VMB.

The VMB is one of several regulatory entities scheduled to be reviewed jointly by the Assembly Committee on Business and Professions and the Senate Business, Professions and Economic Development Committee. This process, known as Sunset review, allows stakeholders and interested parties to discuss all aspects of the VMB as a regulatory board, and make recommendations for improvements.

AMENDMENTS:

Shelter Registration. To address concerns expressed by the opposition, and ensure adequate oversight of shelters that currently do not have a premise permit, the bill should be amended to create a limited-scope registration program for such shelters, placed under the jurisdiction of the Veterinary Medical Board.

Adequate Veterinary Presence: To address concerns expressed by the opposition, and ensure adequate yet flexible veterinary presence at animal shelters, the bill should be amended to have shelters obtain a contractual relationship with a veterinarian, who would maintain a reasonable physical presence on the shelter site. The bill should also be amended to create liability exemptions when possible to provide incentives to veterinarians to serve at animal shelter facilities.

The following amendments would reflect the concerns above:

AMENDMENT 1:

Subdivision (g) of Section 4827 on page 5 of the bill is stricken out.

(g) Notwithstanding any law, a premises where any activity described in subdivision (b) is performed shall not, on that basis, be required to register with the board pursuant to Section 4853 or regulations adopted pursuant to this chapter.

AMENDMENT 2:

Section 4853.2 of the Business and Professions Code is added as follows:

4853.2. (a) Except as required under section 4853, a public animal shelter, shelter operated by a society for the prevention of cruelty to animals, or humane society that offers only limited veterinary services shall be registered with the board in accordance with this section.

(b) The owner(s) or operator(s) of the public animal shelter, shelter operated by a society for the prevention of cruelty to animals, or humane society shall submit a limited veterinary premises registration application to the board. The application shall set forth the name of each owner or operator of the shelter, including the type of corporate entity, if applicable, the name of the shelter, the name, address, and telephone number of the shelter or humane society administrator, and the name and license number of at least one of the following:

(1) The licensee manager in accordance with subdivision (c) of section 4853.

(2) The California licensed veterinarian of record.

(c) Substitution of the licensee manager or California licensed veterinarian of record may be accomplished by application to the board if the following conditions are met:

(1) The person substituted qualifies by presenting satisfactory evidence that he or she possesses a valid, unexpired, and unrevoked license as provided by this chapter and that the license is not currently under suspension.

(2) No circumvention of the law is contemplated by the substitution.

(d) A shelter or humane society registered pursuant to this section shall be in compliance with sections 4853.1, 4853.5, 4853.6, 4854, 4855, 4856, and 4857.

(e) The licensee manager or California licensed veterinarian of record shall have a contractual relationship with the registered shelter or humane society, shall maintain a reasonable physical presence at the shelter or humane society, and shall be regularly available for consultation.

(f) The operator or administrator shall ensure the premises and all individuals providing limited veterinary services are in compliance with this section.

(g) The California licensed veterinarian of record shall not be liable for the performance and actions of shelter or humane society staff and volunteers in cases where the California licensed veterinarian of record has no supervisory authority.

(h) This section does not authorize any person, corporation, or artificial legal entity, other than a California licensed veterinarian or a veterinary corporation practicing pursuant to Article 6 (commencing with Section 4910) of this chapter and the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code), to furnish to any person or animal any diagnosis, or treatment within the scope of California veterinarian licensure under this chapter. This section does not authorize any person, other than a California licensed veterinarian within the scope of his or her license, to engage directly or indirectly in the practice of veterinary medicine, veterinary surgery, veterinary dentistry, and the various branches thereof in accordance with Section 4826. This section does not regulate, govern, or affect in any manner the practice of veterinary medicine, veterinary surgery, or veterinary dentistry by any person duly licensed to engage in such practice.

(i) The board shall not renew the limited veterinary premises registration if there is no licensee manager or California licensed veterinarian of record.

(j) The board may deny, suspend, or revoke the limited veterinary premises registration on the ground of the unlicensed practice of veterinary medicine, veterinary dentistry, veterinary surgery, and the various branches.

(k) The board may, by regulation, adopt minimum standards for the provision of limited veterinary services.

(l) Limited veterinary services mean the activities defined in Paragraph (4) and (5) of Subdivision (b) of Section 4827.

AMENDMENT 3:

Section 4905 (n) of the Business and Professions Code is amended to read:

(n) The initial and annual renewal fees for registration of veterinary premises or limited veterinary premises shall be set by the board in an amount not to exceed four hundred dollars ($400) annually.

REGISTERED SUPPORT:

California Animal Welfare Association (Sponsor)

Amador County Animal Control

American Society for the Prevention of Cruelty to Animals

Animal Action League

Animal Friends of the Valleys

Animal Shelter Assistance Program

Antioch Animal Services

Bakersfield SCPA

Balooja's Foundation

Barstow Humane Society

Berkeley Animal Care Services

Best Friends Animal Society

Bunnies Urgently Needing Shelter

Butte Humane Society

C.A.R.E 4 Paws, Inc

Calaveras County Animal Services

California State Sheriff's Association

Chula Vista Animal Care Center

Citrus Heights Police Department

City of Bakersfield

City of Chico

City of Visalia Animal Services

Coastal Animal Services Authority

County of Monterey Animal services

County of San Luis Obispo, Division of Animal Services

Forgotten Felines of Sonoma County

Fresno Humane Animal Services

Friends of the Alameda Animal Shelter

Friends of Upland Animal Shelter

Front Street Animal Shelter

Haven Humane Society

Hayward Animal Services Bureau

Hopalong Animal Rescue

Humane Society of Imperial County

Humane Society of Sonoma County

Humane Society of the Sierra Foothills

Humane Society of Truckee Tahoe

Humane Society of Ventura County

Inland Valley Humane Society & SPCA

Kern County Animal Services

Los Angeles County

Los Angeles Department of Animal Services

Marin Humane Society

Mendocino County Animal Shelter

National Disaster Search Dog Foundation

Newport Beach Animal Shelter

North Bay Animal Services

Placer County SCPA

Ridgecrest Animal Care

Rohnert Park Animal Services

Rural Representatives of California

San Bernardino County

San Bernardino Police Department

San Diego Humane Society and SPCA

San Francisco SPCA

San Gabriel Valley Humane Society

San Luis Obispo County Animal Services

Santa Barbara County Animal Services

Santa Barbara Humane Society

Santa Cruz County Animal Shelter

Santa Cruz SPCA

Santa Paula Animal Rescue Center

Santa Ynez Valley Humane Society

Siskiyou Humane Society

Solano County Sheriff's Office

Sonoma County Animal Services

South East Area Animal Control Authority

SPCA LA

SPCA Monterey County

Stanislaus Animal Services Agency

Town of Yucca Valley Animal Care and Control

Tuolumne County Animal Control

Valley Humane Society

Ventura County Animal Services

Woods Humane Society

REGISTERED OPPOSITION:

California Veterinary Medical Association

California Veterinary Medical Board

15 Veterinarians

Analysis Prepared by: Patrick Le / B. & P. / (916) 319-3301

SB 1347: Veterinary medicine: license exceptions: limited veterinary services premises registration.

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