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California

West's Annotated California Codes. Business and Professions Code. Division 2. Healing Arts. Chapter 11. Veterinary Medicine. Article 2. Practice Provisions.

Statute Details
Printable Version
Citation: CA BUS & PROF 4825 - 4831

Citation: West's Ann. Cal. Bus. & Prof. Code 4825 - 4831


Last Checked by Web Center Staff: 11/2012

Summary:   These sections of the California Business and Professions Code, outline the practice provisions for veterinarians.  The regulations include definitions relating to the practice of veterinary medicine, license requirements, procedures for caring for restricted animals, as well as a duty to report the treatment of a dog believed to have been injured in a staged animal fight.


Statute in Full:

§ 4825. Licensure Requirement

§ 4825.1. Definitions

§ 4826. Practice of Veterinary Medicine, Surgery, and Dentistry Defined

§ 4826.1. Immunity from Liability for Damages

§ 4826.2. Care and Treatment of Restricted Animals

§ 4827. Excepted Practices

§ 4828. Licensure Requirement for Veterinarians Employed by Governmental Entities

§ 4829. Duration of Existing Licenses

§ 4829.5. Repealed by Stats.1980, c. 471, p. 982, § 2

§ 4830. Exemptions

§ 4830.5. Report of Injury or Death of Dog Participating in Staged Animal Fight

§ 4830.7. Report of animal abuse or cruelty; civil liability

§ 4830.8. Rodeos; report of animal injury

§ 4831. Penalty for Violations

 

 

§ 4825. Licensure Requirement

It is unlawful for any person to practice veterinary medicine or any branch thereof in this State unless at the time of so doing, such person holds a valid, unexpired, and unrevoked license as provided in this chapter.

CREDIT(S)
(Added by Stats.1937, c. 933, p. 2567. Amended by Stats.1961, c. 1395, p. 3189, § 1, operative Oct. 1, 1961.)

 

§ 4825.1. Definitions

These definitions shall govern the construction of this chapter as it applies to veterinary medicine.

(a) " Diagnosis means act process identifying or determining health status of an animal through examination and the opinion derived from that examination. P<>

(b) "Animal" means any member of the animal kingdom other than humans, and includes fowl, fish, and reptiles, wild or domestic, whether living or dead.

(c) "Food animal" means any animal that is raised for the production of an edible product intended for consumption by humans. The edible product includes, but is not limited to, milk, meat, and eggs. Food animal includes, but is not limited to, cattle (beef or dairy), swine, sheep, poultry, fish, and amphibian species.

(d) "Livestock" includes all animals, poultry, aquatic and amphibian species that are raised, kept, or used for profit. It does not include those species that are usually kept as pets such as dogs, cats, and pet birds, or companion animals, including equines.

CREDIT(S)

(Added by Stats.1995, c. 60 (S.B.42), § 12, eff. July 6, 1995.)

 

§ 4826. Practice defined - AMENDED 2012

SECTION 1. Section 4826 of the Business and Professions Code is amended to read:

 

<< CA BUS & PROF § 4826 >>

 

4826. A person practices veterinary medicine, surgery, and dentistry, and the various branches thereof, when he or she does any one of the following:

(a) Represents himself or herself as engaged in the practice of veterinary medicine, veterinary surgery, or veterinary dentistry in any of its branches.

(b) Diagnoses or prescribes a drug, medicine, appliance, application, or treatment of whatever nature for the prevention, cure, or relief of a wound, fracture, bodily injury, or disease of animals.

(c) Administers a drug, medicine, appliance, application, or treatment of whatever nature for the prevention, cure, or relief of a wound, fracture, bodily injury, or disease of animals, except where the medicine, appliance, application, or treatment is administered by a registered veterinary technician or * * * a veterinary assistant at the direction of and under the direct supervision of a licensed veterinarian subject to Article 2.5 (commencing with Section 4832) or where the drug, including, but not limited to, a drug that is a controlled substance, is administered by a registered veterinary technician or * * * a veterinary assistant pursuant to Section 4836.1. However, no person, other than a licensed veterinarian, may induce anesthesia unless authorized by regulation of the board.

(d) Performs a surgical or dental operation upon an animal.

(e) Performs any manual procedure for the diagnosis of pregnancy, sterility, or infertility upon livestock or Equidae.

(f) Uses any words, letters, or titles in such connection or under such circumstances as to induce the belief that the person using them is engaged in the practice of veterinary medicine, veterinary surgery, or veterinary dentistry. This use shall be prima facie evidence of the intention to represent himself or herself as engaged in the practice of veterinary medicine, veterinary surgery, or veterinary dentistry.

Former Text:

A person practices veterinary medicine, surgery, and dentistry, and the various branches thereof, when he or she does any one of the following:

(a) Represents himself or herself as engaged in the practice of veterinary medicine, veterinary surgery, or veterinary dentistry in any of its branches.

(b) Diagnoses or prescribes a drug, medicine, appliance, application, or treatment of whatever nature for the prevention, cure or relief of a wound, fracture, bodily injury, or disease of animals.

(c) Administers a drug, medicine, appliance, application, or treatment of whatever nature for the prevention, cure, or relief of a wound, fracture, bodily injury, or disease of animals, except where the medicine, appliance, application, or treatment is administered by a registered veterinary technician or an unregistered assistant at the direction of and under the direct supervision of a licensed veterinarian subject to Article 2.5 (commencing with Section 4832) or where the drug, including, but not limited to, a drug that is a controlled substance, is administered by a registered veterinary technician or an unregistered assistant pursuant to Section 4836.1. However, no person, other than a licensed veterinarian, may induce anesthesia unless authorized by regulation of the board.

(d) Performs a surgical or dental operation upon an animal.

(e) Performs any manual procedure for the diagnosis of pregnancy, sterility, or infertility upon livestock or Equidae.

(f) Uses any words, letters or titles in such connection or under such circumstances as to induce the belief that the person using them is engaged in the practice of veterinary medicine, veterinary surgery, or veterinary dentistry. This use shall be prima facie evidence of the intention to represent himself or herself as engaged in the practice of veterinary medicine, veterinary surgery, or veterinary dentistry.

CREDIT(S)

(Added by Stats.1937, c. 933, p. 2567. Amended by Stats.1955, c. 1158, p. 2151, § 1; Stats.1961, c. 1958, p. 4128, § 1; Stats.1965, c. 1376, p. 3281, § 1; Stats.1978, c. 609, p. 2048, § 1; Stats.1979, c. 522, p. 1714, § 2; Stats.1980, c. 471, p. 982, § 1; Stats.1995, c. 60 (S.B.42), § 13, eff. July 6, 1995; Stats.1997, c. 642 (A.B.839), § 5; Stats.2007, c. 83 (S.B.969), § 1.)

 

§ 4826.1. Immunity from Liability for Damages

A veterinarian who on his or her own initiative, at the request of an owner, or at the request of someone other than the owner, renders emergency treatment to a sick or injured animal at the scene of an accident shall not be liable in damages to the owner of that animal in the absence of gross negligence.

CREDIT(S)

(Added by Stats.1980, c. 465, p. 974, § 1. Amended by Stats.1998, c. 879 (S.B.2238), § 3.5.)

 

§ 4826.2. Care and Treatment of Restricted Animals - AMENDED 2012

SEC. 2. Section 4826.2 of the Business and Professions Code is amended to read:

 

<< CA BUS & PROF § 4826.2 >>

 

4826.2. Notwithstanding any other provision of law, a veterinarian, registered veterinary technician, or * * * a veterinary assistant working under the supervision of a veterinarian, may provide veterinary care and treatment for any animal restricted pursuant to Section 2118 of the Fish and Game Code. A veterinarian, registered veterinary technician, or * * * a veterinary assistant working under the supervision of a veterinarian, may lawfully possess one or more of the animals only for the period of time that, in his or her judgment, veterinary care and treatment are necessary. No veterinarian, registered veterinary technician, or veterinary assistant working under the supervision of a veterinarian, has a duty to advise law enforcement if he or she becomes aware that one or more of the animals is possessed in the state. For the purposes of this section, “veterinary care and treatment” does not include boarding when no veterinary care or treatment is required.

Former Text:

Notwithstanding any other provision of law, a veterinarian, registered veterinary technician, or an unregistered assistant working under the supervision of a veterinarian, may provide veterinary care and treatment for any animal restricted pursuant to Section 2118 of the Fish and Game Code. A veterinarian, registered veterinary technician, or an unregistered assistant working under the supervision of a veterinarian, may lawfully possess one or more of the animals only for the period of time that, in his or her judgment, veterinary care and treatment are necessary. No veterinarian, registered veterinary technician, or unregistered assistant working under the supervision of a veterinarian, has a duty to advise law enforcement if he or she becomes aware that one or more of the animals is possessed in the state. For the purposes of this section, "veterinary care and treatment" does not include boarding when no veterinary care or treatment is required.

CREDIT(S)

(Added by Stats.2002, c. 453 (A.B.3055), § 1.)

 

§ 4827. Excepted Practices

Nothing in this chapter prohibits any person from:

(a) Practicing veterinary medicine as a bona fide owner of one's own animals. This exemption applies to the following:

(1) The owner's bona fide employees.

(2) Any person assisting the owner, provided that the practice is performed gratuitously.

(b) Lay testing of poultry by the whole blood agglutination test. For purposes of this section, "poultry" means flocks of avian species maintained for food production, including, but not limited to, chickens, turkeys, and exotic fowl.

(c) 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.

(d) Administering sodium pentobarbital for euthanasia of sick, injured, homeless, or unwanted 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 for these purposes.

CREDIT(S)

(Added by Stats.1937, c. 933, p. 2567. Amended by Stats.1945, c. 278, p. 740, § 1; Stats.1955, c. 1158, p. 2151, § 2; Stats.1978, c. 1146, p. 3512, § 1; Stats.1995, c. 60 (S.B.42), § 13.5, eff. July 6, 1995; Stats.1999, c. 83 (S.B.966), § 5.)

 

§ 4828. Licensure Requirement for Veterinarians Employed by Governmental Entities

All veterinarians actually engaged and employed as veterinarians by the state, or a county, city, corporation, firm or individual are practicing veterinary medicine and shall secure a license issued by the board.

CREDIT(S)

(Added by Stats.1937, c. 933, p. 2567. Amended by Stats.1943, c. 951, p. 2821, § 1; Stats.1949, c. 423, p. 772, § 1; Stats.1953, c. 542, p. 1802, § 1; Stats.1978, c. 1161, p. 3673, § 267; Stats.1995, c. 60 (S.B.42), § 14, eff. July 6, 1995.)

 

§ 4829. Duration of Existing Licenses

Any license granted to any person to practice veterinary medicine, or any branch thereof, in this State issued under any preceding act relating to veterinary medicine shall remain in force until the renewal fee becomes due and thereafter so long as the holder complies with the provisions of this chapter relating to the renewal of the license and not otherwise. Notwithstanding the payment of this fee his license at any time may be suspended or revoked as provided in Article 4 of this chapter.

CREDIT(S)
(Added by Stats.1937, c. 933, p. 2567. Amended by Stats.1955, c. 1855, p. 3483, § 3; Stats.1961, c. 1395, p. 3189, § 2, operative Oct. 1, 1961.)

 

 § 4829.5. Repealed by Stats.1980, c. 471, p. 982, § 2

 

§ 4830. Exemptions

(a) This chapter does not apply to:

(1) Veterinarians while serving in any armed branch of the military service of the United States or the United States Department of Agriculture 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 who do not open an office or appoint a place to do business within this state.

(4) Veterinarians employed by the University of California while engaged in the performance of duties in connection with the College of Agriculture, the Agricultural Experiment Station, the School of Veterinary Medicine, or the agricultural extension work of the university or employed by the Western University of Health Sciences while engaged in the performance of duties in connection with the College of Veterinary Medicine or the agricultural extension work of the university.

(5) Students in the School of Veterinary Medicine of the University of California or the College of Veterinary Medicine of the Western University of Health Sciences who participate in diagnosis and treatment as part of their educational experience, including those in off-campus educational programs under the direct supervision of a licensed veterinarian in good standing, as defined in paragraph (1) of subdivision (b) of Section 4848, appointed by the University of California, Davis, or the Western University of Health Sciences.

(6) A veterinarian who is employed by the Meat and Poultry Inspection Branch of the California Department of Food and Agriculture while actually engaged and employed in his or her official capacity. A person exempt under this paragraph shall not otherwise engage in the practice of veterinary medicine unless he or she is issued a license by the board.

(7) Unlicensed personnel employed by the Department of Food and Agriculture or the United States Department of Agriculture when in the course of their duties they are directed by a veterinarian supervisor to conduct an examination, obtain biological specimens, apply biological tests, or administer medications or biological products as part of government disease or condition monitoring, investigation, control, or eradication activities.

(b) This section shall become operative on January 1, 2011.

CREDIT(S)

(Added by Stats.2006, c. 823 (A.B.2915), § 2, operative Jan. 1, 2011.)

 

§ 4830.5. Report of Injury or Death of Dog Participating in Staged Animal Fight

Whenever any licensee under this chapter has reasonable cause to believe that a dog has been injured or killed through participation in a staged animal fight, as prescribed in Section 597b of the Penal Code, it shall be the duty of the licensee to promptly report the same to the appropriate law enforcement authorities of the county, city, or city and county in which the same occurred. No licensee shall incur any civil liability as a result of making any report pursuant to this section or as a result of making any report of a violation of Section 596, subdivision (a) or (b) of Section 597, or Section 597b, 597f, 597g597n, or 597.5 of the Penal Code.

CREDIT(S)

(Added by Stats.1975, c. 369, p. 819, § 1. Amended by Stats.1978, c. 1161, p. 3673, § 268; Stats.1988, c. 810, § 1.)

 

§ 4830.7. Report of animal abuse or cruelty; civil liability

Whenever any licensee under this chapter has reasonable cause to believe an animal under its care has been a victim of animal abuse or cruelty, as prescribed in Section 597 of the Penal Code, it shall be the duty of the licensee to promptly report it to the appropriate law enforcement authorities of the county, city, or city and county in which it occurred. No licensee shall incur any civil liability as a result of making any report pursuant to this section or as a result of making any report of a violation of subdivisions (a), (b), and (c) of Section 597 of the Penal Code.

CREDIT(S)

(Added by Stats.2004, c. 467 (S.B.1548), § 4.)

 

§ 4830.8. Rodeos; report of animal injury

(a) An attending or on-call veterinarian at a rodeo event shall, pursuant to Section 596.7 of the Penal Code, report to the board any animal injury at the event requiring veterinary treatment within 48 hours of the conclusion of the rodeo.

(b) A veterinarian, other than a veterinarian identified in subdivision (a), shall report to the board within seven days of rendering treatment to an animal for an injury that the veterinarian knows occurred at a rodeo event.

(c) A report submitted pursuant to this section shall include the title, location, and date of the rodeo event, the name of the attending veterinarian at the event, the name of the reporting veterinarian, the type of animal, and a brief description of the injury suffered by the animal. The board shall post a form on its Internet Web site to be used by veterinarians for purposes of submitting this report.

(d) For purposes of this section, “rodeo” has the same meaning set forth in Section 596.7 of the Penal Code.

CREDIT(S)

(Added by Stats.2010, c. 538 (A.B.1980), § 10.)


 

§ 4831. Penalty for Violations

Any person, who violates or aids or abets in violating any of the provisions of this chapter, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than five hundred dollars ($ 500), nor more than two thousand dollars ($ 2,000), or by imprisonment in a county jail for not less than 30 days nor more than one year, or by both the fine and imprisonment.

CREDIT(S)

(Added by Stats.1937, c. 933, p. 2567. Amended by Stats.1978, c. 1355, p. 4503, § 2; Stats.1997, c. 642 (A.B.839), § 6.)

 



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