Article 1. Administration
§ 4800. Veterinary Medical Board; membership
§ 4800.1. Priority to protect the public
§ 4801. Qualifications of members; limit on number of terms
§ 4802. Tenure and appointment of board members; vacancies
§ 4804. Officers of board; Attorney General as counsel
§ 4804.5. Executive officer; powers and duties
§ 4808. Rules and regulations; meetings; licensing power
§ 4808.5. Repealed by Stats.1967, c. 1656, p. 4017, § 20
§ 4809. Records; register of license applicants; register as evidence
§ 4809.1. Repealed by Stats.1968, c. 1473, p. 2944, § 9
§ 4809.4. Repealed by Stats.1979, c. 522, p. 1714, § 1
§ 4809.5. Inspection of premises
§ 4809.6. Enforcement of cleanliness and sanitary requirements of chapter
§ 4809.7. Regular inspection program
Article 2. Practice Provisions
§ 4825. Practice without license
§ 4825.1. Construction; definitions
§ 4826.1. Emergency treatment; immunity
§ 4826.2. Restricted animals enumerated under § 2118; care and treatment
§ 4826.3. Name tag identification requirement for controlled substances permitholders
§ 4828. Persons required to have license
§ 4829. Duration of license; fee
§ 4830. Persons excepted; animal fighting or animal cruelty investigations
§ 4830.5. Report of dog injured or killed in staged animal fight; civil liability
§ 4830.7. Report of animal abuse or cruelty; civil liability
§ 4830.8. Rodeos; report of animal injury
§ 4831. Violations; misdemeanor; penalty
Article 2.5. Registered Veterinary Technicians
§ 4832. Registered Veterinary Technician Committee
§ 4833. Repealed by Stats.2010, c. 538 (A.B.1980), § 13, operative Jan. 1, 2012
§ 4834. Repealed by Stats.2010, c. 538 (A.B.1980), § 14, operative Jan. 1, 2012
§ 4835. Repealed by Stats.2010, c. 538 (A.B.1980), § 15, operative Jan. 1, 2012
§ 4836.3. Renewal of veterinary assistant controlled substance permits; application requirements; investigation regarding disciplinary action; fee - § 4836.3. Repealed by Stats.2021, c. 631 (A.B.1535), § 7, eff. Jan. 1, 2022
§ 4836.5. Collection of blood for purpose of transfer or sale of blood and blood component products
§ 4836.6. Unauthorized practice
§ 4837. Revocation or suspension of registration; grounds
§ 4838. Continuing education; rules and regulations
§ 4839. Registered veterinary technician
§ 4839.5. Title of registered veterinary technician
§ 4840. Authorized acts by registered veterinary technicians and unregistered assistants
§ 4840.2. Prohibited acts by registered veterinary technicians and unregistered assistants
§ 4840.6. Liability for damages; emergency services
§ 4840.7. Operation of radiographic equipment
§ 4840.9. Qualified employers of technicians and unregistered assistants
§ 4841. Certificate of registration required
§ 4841.1. Veterinary technology students in clinical portion of final year of study
§ 4841.4. Licensing examination
§ 4841.5. Eligibility for examination
§ 4842. Disqualification of applicants
§ 4842.1. Issuance of certificate of registration
§ 4842.2. Veterinary medical board contingent fund; deposit
§ 4842.5. Fees - § 4842.5. Repealed by Stats.2021, c. 631 (A.B.1535), § 10, eff. Jan. 1, 2022
§ 4842.6. Renewal of licenses or registrations; biennial applications
§ 4842.7. Change of mailing address
§ 4843. Approval of schools offering training
§ 4843.2. Repealed by Stats.1985, c. 612, § 2
§ 4843.5. Renewal of expired certificates
§ 4844. Renewal of certification; certificates expired five years or more
Article 3. Issuance of Licenses
§ 4845. Probationary registration; terms and conditions
§ 4846.2. Graduates from unrecognized colleges; deficiency in qualifications; remedial requirements
§ 4846.4. Renewal of licenses or registrations; biennial applications - § 4846.4. Repealed by Stats.2021, c. 631 (A.B.1535), § 13, eff. Jan. 1, 2022
§ 4846.5. Continuing education requirements for renewal of license; inactive licenses; exemption
§ 4847. Numbering and disposition of applications - § 4847. Repealed by Stats.2021, c. 631 (A.B.1535), § 14, eff. Jan. 1, 2022
§ 4847.1. Abandonment of application
§ 4848. Examination; waiver; out-of-state applicants; temporary license; requirements - § 4848. Repealed by Stats.2021, c. 631 (A.B.1535), § 16, eff. Jan. 1, 2022
§ 4848.1. Application for and issuance of university license to practice veterinary medicine
§ 4848.3. Temporary license; internship or residency program participants - § 4848.3. Repealed by Stats.2021, c. 631 (A.B.1535), § 18, eff. Jan. 1, 2022
§ 4848.5. Repealed by Stats.1997, c. 895 (A.B.460), § 1, operative Jan. 1, 2000
§ 4849. Time and scope of examination - § 4849. Repealed by Stats.2021, c. 631 (A.B.1535), § 19, eff. Jan. 1, 2022
§ 4851. Repealed by Stats.1937, c. 933, p. 2567
§ 4852. Mailing address change; notice
§ 4853.1. Form for registration of premises
§ 4853.6. Withholding, suspension or revocation of registration; grounds
§ 4853.7. Premise registration; limitation on renewal; application for new premise registration
§ 4854.1. Non-licensed premises registration holders; interference with, control of, or direction of professional judgment of licensed veterinarian or registered veterinary technician prohibited
§ 4854.5. Off-campus educational program sites; display of consumer notification
§ 4855. Record of animals receiving veterinary services
§ 4856. Records, equipment and drugs open to inspection
§ 4857. Disclosure of information on animals, clients, and care
Article 3.5. Diversion Evaluation Committees
§ 4864. Chairperson; vice chairperson
§ 4865. Administration of article
§ 4866. Inclusion of persons in program and examiners; criteria; number of participants
§ 4867. Information supplied to program applicants
§ 4869. Closed sessions of committees
§ 4870. Agreements of participants to cooperate with treatment program
§ 4871. Records; destruction and confidentiality
§ 4873. Program registration and administrative fees
Article 4. Revocation and Suspension
§ 4875. Authority; fines; proceedings
§ 4875.1. Investigation and prosecution; priority
§ 4875.2. Citations for violations; service of process; review and investigation; findings
§ 4875.3. Inspection of premises; notice of deficiencies; interim suspension order
§ 4875.4. Civil penalties; adoption of regulations
§ 4876. Probation of licensee; grounds
§§ 4877 to 4880. Repealed by Stats.1945, c. 890, p. 1656, § 2
§ 4881. Entry on register; record as evidence
§ 4882. Repealed by Stats.1978, c. 1355, p. 4504, § 6
§ 4885. "Conviction" defined; time of action by board
§ 4886. Reinstatement; terms and conditions
§ 4887. Petitions; reinstatement or modification of penalty; hearing
§§ 4890 to 4897. Repealed by Stats.1937, c. 933, p. 2567
Article 5. Revenue
§ 4901. Renewal of expired license; application; fee; effective date of renewal
§ 4901.1. Expiration of suspended license; renewal
§ 4901.2. Expiration of revoked license; renewal; reinstatement
§ 4902. Failure to renew license within five years; issuance of new license; conditions
§ 4903. Disposition of fines and forfeitures
§ 4904.Report and disposition of fees and receipts; contingent fund
Article 6. Veterinary Corporations
§ 4910. Authority; necessity of compliance with certain laws; governmental agency
§ 4912. Necessity for licensure
§ 4913. Income; no accrual to disqualified person
§ 4914. Unprofessional conduct; duty
§ 4915. Unprofessional conduct; violation of certain laws
Article 7. Community Blood Banks for Animals
§ 4920. Definitions
§ 4920.1. Liability pursuant to article; production and use of whole blood, plasma, blood products, and blood derivatives for purposes of injection and transfusion deemed not to be a sale
§ 4920.2. Conditions for veterinarians engaging in production of animal blood and blood component products
§ 4920.3. Payment for donation of animal blood and blood component products prohibited
§ 4920.4. Community blood bank registration fee
§ 4920.5. Registration requirements for community blood banks
§ 4920.6. Quarterly report to Department of Food and Agriculture
§ 4920.7. Closed-colony blood banks; compliance with Chapter 1.5 of Part 1 of Division 5 of Food and Agricultural Code
§ 4920.8. Violation of article; penalties
Article 1. Administration
§ 4800. Veterinary Medical Board; membership
(Added by Stats.1937, c. 933, p. 2567. Amended by Stats.1961, c. 1821, p. 3876, § 35; Stats.1971, c. 716, p. 1404, § 61; Stats.1976, c. 1188, p. 5343, § 25; Stats.1982, c. 676, p. 2754, § 24; Stats.1994, c. 908 (S.B.2036), § 33; Stats.1995, c. 60 (S.B.42), § 7, eff. July 6, 1995; Stats.1997, c. 759 (S.B.827), § 33; Stats.2002, c. 1012 (S.B.2025), § 8, eff. Sept. 27, 2002; Stats.2004, c. 467 (S.B.1548), § 2; Stats.2006, c. 658 (S.B.1476), § 74; Stats.2010, c. 538 (A.B.1980), § 1; Stats.2013, c. 515 (S.B.304), § 19; Stats.2014, c. 395 (S.B.1243), § 8, eff. Jan. 1, 2015; Stats.2016, c. 484 (S.B.1193), § 44, eff. Jan. 1, 2017; Stats.2020, c. 312 (S.B.1474), § 40, eff. Jan. 1, 2021; Stats.2021, c. 631 (A.B.1535), § 1, eff. Jan. 1, 2022.)
§ 4800.1. Priority to protect the public
Protection of the public shall be the highest priority for the Veterinary Medical Board in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
CREDIT(S)
(Added by Stats.2002, c. 107 (A.B.269), § 19.)
§ 4801. Qualifications of members; limit on number of terms
(a) Each veterinarian member of the board shall be a bona fide resident of this state for a period of at least five years immediately preceding his or her appointment and shall have been a licensed veterinarian under this chapter and actually engaged in the practice of veterinary medicine in this state during that period.
(b) The registered veterinary technician member of the board shall be a bona fide resident of this state for a period of at least five years immediately preceding his or her appointment and shall have been registered under this chapter and actually engaged in the practice of a registered veterinary technician in this state during that period.
(c) Each public member of the board shall be a bona fide resident of this state for a period of at least five years immediately preceding his or her appointment and shall not be a licensee or registrant of the board, any other board under this division, or any board referred to in Section 1000 or 3600.
(d) No person shall serve as a member of the board for more than two consecutive terms.
CREDIT(S)
(Added by Stats.2010, c. 538 (A.B.1980), § 3.)
§ 4802. Tenure and appointment of board members; vacancies
Vacancies occurring shall be filled by appointment for the unexpired term, within 90 days after they occur.
The Governor shall appoint the four veterinarian members, the one registered veterinary technician member, and one public member, qualified as provided in Section 4801. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member, qualified as provided in Section 4801.
CREDIT(S)
The Governor may, in his judgment, remove any member of the board for neglect of duty or other sufficient cause, after due notice and hearing.
CREDIT(S)
(Added by Stats.1937, c. 933, p. 2567.)
§ 4804. Officers of board; Attorney General as counsel
The board shall elect a president, vice president, and any other officers of the board as shall be necessary, from its membership. The Attorney General shall act as counsel for the board and the members thereof in their official or individual capacity for any act done under the color of official right.
CREDIT(S)
(Added by Stats.1937, c. 933, p. 2567. Amended by Stats.1957, c. 82, p. 660, § 1; Stats.1997, c. 642 (A.B.839), § 3.)
§ 4804.5. Executive officer; powers and duties
(Added by Stats.1984, c. 47, § 34, eff. March 21, 1984. Amended by Stats.1994, c. 908 (S.B.2036), § 34; Stats.1997, c. 759 (S.B.827), § 34; Stats.2002, c. 1012 (S.B.2025), § 9, eff. Sept. 27, 2002; Stats.2004, c. 467 (S.B.1548), § 3; Stats.2006, c. 658 (S.B.1476), § 75; Stats.2010, c. 538 (A.B.1980), § 5; Stats.2013, c. 515 (S.B.304), § 20; Stats.2014, c. 395 (S.B.1243), § 9, eff. Jan. 1, 2015; Stats.2016, c. 484 (S.B.1193), § 45, eff. Jan. 1, 2017; Stats.2020, c. 312 (S.B.1474), § 41, eff. Jan. 1, 2021; Stats.2021, c. 631 (A.B.1535), § 2, eff. Jan. 1, 2022.)
The executive officer of the board may administer oaths or affirmations upon matters pertaining to the business of the board. Any person willfully making any false oath or affirmation is guilty of perjury.
CREDIT(S)
(Added by Stats.1937, c. 933, p. 2567. Amended by Stats.1984, c. 47, § 35, eff. March 21, 1984.)
Each member of the board shall receive a per diem and expenses as provided in Section 103.
CREDIT(S)
(Added by Stats.1937, c. 933, p. 2567. Amended by Stats.1947, c. 1057, p. 2455, § 1; Stats.1959, c. 1645, p. 4023, § 18; Stats.1967, c. 535, p. 1886, § 4; Stats.1995, c. 60 (S.B.42), § 8, eff. July 6, 1995; Stats.1997, c. 642 (A.B.839), § 4.)
Five members of the board constitute a quorum for transaction of business at any meeting of the board.
CREDIT(S)
(Added by Stats.1937, c. 933, p. 2567. Amended by Stats.1961, c. 1821, p. 3877, § 38; Stats.2010, c. 538 (A.B.1980), § 6.)
§ 4808. Rules and regulations; meetings; licensing power
The board may in accordance with the provisions of the Administrative Procedure Act, adopt, amend, or repeal rules and regulations that are reasonably necessary to carry into effect the provisions of this chapter. The board may hold meetings that are necessary for the transaction of business. It shall issue all licenses to practice veterinary medicine and all registrations to practice as a veterinary technician in this state.
CREDIT(S)
(Added by Stats.1937, c. 933, p. 2567. Amended by Stats.1957, c. 2084, p. 3702, § 10; Stats.2009, c. 80 (A.B.107), § 2.)
§ 4808.5. Repealed by Stats.1967, c. 1656, p. 4017, § 20
§ 4809. Records; register of license applicants; register as evidence
The board shall keep an official record of its meetings, and it shall also keep an official register of all applicants for licenses.
The register shall be prima facie evidence of all matters contained therein.
CREDIT(S)
(Added by Stats.1937, c. 933, p. 2567. Amended by Stats.1959, c. 477, p. 2410, § 1.)
§ 4809.1. Repealed by Stats.1968, c. 1473, p. 2944, § 9
§ 4809.4. Repealed by Stats.1979, c. 522, p. 1714, § 1
§ 4809.5. Inspection of premises; investigation of alleged unlicensed activity or inspection of premises with lapsed registration
The board may at any time inspect the premises in which veterinary medicine, veterinary dentistry, or veterinary surgery is being practiced. The board's inspection authority does not extend to premises that are not registered with the board. Nothing in this section shall be construed to affect the board's ability to investigate alleged unlicensed activity or to inspect a premises for which registration has lapsed or is delinquent.
Credits
(Added by Stats.1947, c. 906, p. 2104, § 1. Amended by Stats.2013, c. 515 (S.B.304), § 21.)
§ 4809.6. Enforcement of cleanliness and sanitary requirements of chapter
The enforcement of Sections 4809.5 and 4854 of this chapter is a function exclusively reserved to the Veterinary Medical Board and the state has preempted and occupied this field of enforcing the cleanliness and sanitary requirements of this chapter.
CREDIT(S)
(Added by Stats.1965, c. 1376, p. 3281, § 2. Amended by Stats.1978, c. 1314, p. 4301, § 1; Stats.1995, c. 60 (S.B.42), § 9, eff. July 6, 1995.)
§ 4809.7.Regular inspection program; percentage of veterinary premises to be inspected annually
The board shall establish a regular inspection program that will provide for random, unannounced inspections and the board shall inspect at least 20 percent of veterinary premises on an annual basis.
Credits
(Added by Stats.1978, c. 1314, p. 4301, § 2. Amended by Stats.2013, c. 515 (S.B.304), § 22; Stats.2018, c. 571 (S.B.1480), § 24, eff. Jan. 1, 2019.)
§ 4809.8. Veterinary Medicine Multidisciplinary Advisory Committee; appointment; term of office; compensation; removal of members; consideration of issues relating to practice of registered veterinarian technicians
(a) The board shall establish an advisory committee to assist, advise, and make recommendations for the implementation of rules and regulations necessary to ensure proper administration and enforcement of this chapter and to assist the board in its examination, licensure, and registration programs. The committee shall serve only in an advisory capacity to the board and the objectives, duties, and actions of the committee shall not be a substitute for or conflict with any of the powers, duties, and responsibilities of the board. The committee shall be known as the Veterinary Medicine Multidisciplinary Advisory Committee. The multidisciplinary committee shall consist of nine members. The following members of the multidisciplinary committee shall be appointed by the board from lists of nominees solicited by the board: four licensed veterinarians, two registered veterinary technicians, and one public member. The committee shall also include one veterinarian member of the board, to be appointed by the board president, and the registered veterinary technician member of the board. Members of the multidisciplinary committee shall represent a sufficient cross section of the interests in veterinary medicine in order to address the issues before it, as determined by the board, including veterinarians, registered veterinary technicians, and members of the public.
(b) Multidisciplinary committee members appointed by the board shall serve for a term of three years and appointments shall be staggered accordingly. A member may be reappointed, but no person shall serve as a member of the committee for more than two consecutive terms. Vacancies occurring shall be filled by appointment for the unexpired term, within 90 days after they occur. Board members of the multidisciplinary committee shall serve concurrently with their terms of office on the board.
(c) The multidisciplinary committee shall be subject to the requirements of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code.
(d) Multidisciplinary committee members shall receive a per diem as provided in Section 103 and shall be compensated for their actual travel expenses in accordance with the rules and regulations adopted by the Department of Human Resources.
(e) The board may remove a member of the multidisciplinary committee appointed by the board for continued neglect of a duty required by this chapter, for incompetency, or for unprofessional conduct.
(f) It is the intent of the Legislature that the multidisciplinary committee, in implementing this section, give appropriate consideration to issues pertaining to the practice of registered veterinarian technicians.
Credits
(Added by Stats.2008, c. 529 (S.B.1584), § 1. Amended by Stats.2010, c. 538 (A.B.1980), § 7; Gov.Reorg.Plan No. 1 of 2011, § 2, eff. Sept. 9, 2011, operative July 1, 2012; Stats.2012, c. 665 (S.B.1308), § 2; Stats.2013, c. 515 (S.B.304), § 23.)
(a) As used in this chapter:
(1) “Board” means the Veterinary Medical Board.
(2) “Multidisciplinary committee” means the Veterinary Medicine Multidisciplinary Advisory Committee established pursuant to Section 4809.8.
(3) “Regulations” means the rules and regulations set forth in Division 20 (commencing with Section 2000) of Title 16 of the California Code of Regulations.
(b) This section shall become operative on the July 1 following the initial appointment of a registered veterinary technician to the board.
Credits
(Added by Stats.2010, c. 538 (A.B.1980), § 9, operative July 1, 2011.)
This chapter shall be known and may be cited as the "Veterinary Medicine Practice Act."
CREDIT(S)
(Added by Stats.1995, c. 60 (S.B.42), § 11, eff. July 6, 1995.)
Article 2. Practice Provisions
§ 4825. Practice without license
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. Construction; definitions
These definitions shall govern the construction of this chapter as it applies to veterinary medicine.
(a) "Diagnosis" means the act or process of identifying or determining the health status of an animal through examination and the opinion derived from that examination.
(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.)
A person practices veterinary medicine, surgery, and dentistry, and the various branches thereof, when the person does any one of the following:
(a) Represents oneself 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 4836) 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) Collects blood from an animal for the purpose of transferring or selling that blood and blood component products to a licensed veterinarian at a registered premises, except where the blood is collected by a registered veterinary technician or veterinary assistant at the direction of, and under the direct supervision of, a licensed veterinarian subject to Article 2.5 (commencing with Section 4836) or where the blood is collected by a registered veterinary technician or a veterinary assistant pursuant to Section 4836.5. For purposes of this section, “blood and blood component products” has the same meaning as defined in Section 4920.
(g) 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 oneself as engaged in the practice of veterinary medicine, veterinary surgery, or veterinary dentistry.
Credits
(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; Stats.2012, c. 239 (A.B.1839), § 1; Stats.2021, c. 752 (A.B.1282), § 1, eff. Jan. 1, 2022.)
§ 4826.1. Emergency treatment; immunity
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. Restricted animals enumerated under § 2118; care and treatment
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.
Credits
(Added by Stats.2002, c. 453 (A.B.3055), § 1. Amended by Stats.2012, c. 239 (A.B.1839), § 2.)
§ 4826.3. Name tag identification requirement for controlled substances permitholders
<Section operative Jan. 1, 2023.>
(a) Notwithstanding any law, a veterinary technician, veterinary assistant, and veterinary assistant controlled substances permitholder registered in this state shall wear a name tag identification in at least 18 point type in any area of the veterinary premises that is accessible to members of the public. The name tag shall include the veterinary technician, veterinary assistant, and veterinary assistant controlled substances permitholder's name, and, if applicable, the license, registration, or permit type and number issued by the board.
(b) A person subject to the requirement in subdivision (a) may remove the name tag when working with or handling animal patients.
(c) This section shall become operative on January 1, 2023.
Credits
(Added by Stats.2021, c. 631 (A.B.1535), § 3, eff. Jan. 1, 2022, operative Jan. 1, 2023.)
§ 4826.4. Condition of emergency; render necessary and prompt care and treatment to animals; appropriate records; immunity from liability
(a) A California-licensed veterinarian at premises registered in accordance with Section 4853 that is located within a 25-mile radius of any condition of emergency specified in Section 8558 of the Government Code may, in good faith, do both of the following in addition to any other acts authorized by law:
(1) Render necessary and prompt care and treatment to an animal patient without establishing a veterinarian-client-patient relationship if conditions are such that one cannot be established in a timely manner.
(2) Dispense or prescribe a dangerous drug or device, as defined in Section 4022, in reasonable quantities where failure to provide services or medications, including controlled substances, may result in loss of life or intense suffering of the animal patient. Prior to refilling a prescription pursuant to this paragraph, the veterinarian shall make a reasonable effort to contact the originally prescribing veterinarian.
(b) A veterinarian acting under this section shall make an appropriate record that includes the basis for proceeding under this section.
(c) A veterinarian who performs services pursuant to this section shall have immunity from liability pursuant to subdivision (b) of Section 8659 of the Government Code.
Credits
(Added by Stats.2018, c. 571 (S.B.1480), § 25, eff. Jan. 1, 2019.)
§ 4826.5. Licensed veterinarian or registered veterinary technician under supervision of licensed veterinarian; authorization to compound drugs for animal use
Notwithstanding any other law, a licensed veterinarian or a registered veterinary technician under the supervision of a licensed veterinarian may compound drugs for animal use pursuant to Section 530 of Title 21 of the Code of Federal Regulations and in accordance with regulations promulgated by the board. The regulations promulgated by the board shall, at a minimum, address the storage of drugs, the level and type of supervision required for compounding drugs by a registered veterinary technician, and the equipment necessary for the safe compounding of drugs. Any violation of the regulations adopted by the board pursuant to this section shall constitute grounds for an enforcement or disciplinary action.
Credits
(Added by Stats.2016, c. 484 (S.B.1193), § 46, eff. Jan. 1, 2017.)
(a) Nothing in this chapter prohibits any person from:
(1) Practicing veterinary medicine as a bona fide owner of one's own animals. This exemption applies to the following:
(A) The owner's bona fide employees.
(B) Any person assisting the owner, provided that the practice is performed gratuitously.
(2) 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.
(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 for these purposes.
(5) Providing the following care to animals lawfully deposited with or impounded by a shelter not registered with the board pursuant to Section 4853:
(A) Administering preventative or prophylactic nonprescription vaccinations to the animal pursuant to protocols written by a veterinarian licensed in this state for the purposes of preventing the spread of communicable diseases, without the presence of a veterinarian when the person has received proper training in the administration of the nonprescription preventative or prophylactic vaccinations.
(B) Administering nonprescription medications to the animal pursuant to protocols written by a veterinarian licensed in this state, for the control or eradication of apparent or anticipated internal or external parasites, including, but not limited to, fleas, ticks, or worms, without the presence of a veterinarian when the person has received proper training in the administration of the nonprescription medications for the control or eradication of those internal or external parasites. A person's decision to administer these medications shall not be construed to mean the person has made a diagnosis of the animal's medical condition.
(C) Administering medications prescribed by a veterinarian licensed in the state to the animal without the presence of a veterinarian when the shelter has received a written treatment plan from the licensed veterinarian for that specific animal and has a dispensing protocol in place for the tracking of dispensed prescribed medications and when the person has received proper training in the administration of prescription medications.
(b) For the purposes of paragraph (5) of subdivision (a):
(1) “Proper training” means completing a training curriculum of at least four hours provided by a veterinarian licensed to practice in this state, and includes, but is not limited to, an overview of intake procedures and preventative medicine, recognizing when an animal is required to be seen by a veterinarian, prescription and nonprescription medications, humane animal restraint techniques, vaccination injection methods and procedures, and documentation.
(2) “Shelter” means a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane society shelter that is not registered with the board pursuant to Section 4853.
(c) A shelter providing care to an animal pursuant to this section that is not registered with the board pursuant to Section 4853 shall report to the board any adverse event resulting in significant impairment or death from the care provided, on a form prescribed by the board, including severe injuries, infections, and unintended reactions caused by the incorrect or inappropriate administration of a vaccine or medications.
Credits
(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; Stats.2019, c. 7 (A.B.1553), § 1, eff. Jan. 1, 2020; Stats.2021, c. 631 (A.B.1535), § 4, eff. Jan. 1, 2022.)
§ 4828. Persons required to have license
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 license; fee
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. [FN1]
[FN1] Business and Professions Code § 4875 et seq.
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. Veterinarian initially prescribes, dispenses, or furnishes dangerous drug; requirements for consultation and drug documentation; delegation to registered veterinary technician or veterinary assistant
(a) Each time a veterinarian initially prescribes, dispenses, or furnishes a dangerous drug, as defined in Section 4022, to an animal patient in an outpatient setting, the veterinarian shall offer to provide, in person or through electronic means, to the client responsible for the animal, or his or her agent, a consultation that includes the following information:
(1) The name and description of the dangerous drug.
(2) Route of administration, dosage form, dosage, duration of drug therapy, the duration of the effects of the drug, and the common severe adverse effects associated with the use of a short-acting or long-acting drug.
(3) Any special directions for proper use and storage.
(4) Actions to be taken in the event of a missed dose.
(5) If available, precautions and relevant warnings provided by the drug's manufacturer, including common severe adverse effects of the drug.
(b) If requested, a veterinarian shall provide drug documentation, if available.
(c) A veterinarian may delegate to a registered veterinary technician or veterinary assistant the task of providing the consultation and drug documentation required by this section.
(d) It shall be noted in the medical record of the animal patient if the consultation described in this section is provided or declined by the client or his or her agent.
Credits
(Added by Stats.2018, c. 571 (S.B.1480), § 26, eff. Jan. 1, 2019.)
§ 4830. Persons excepted; animal fighting or animal cruelty investigations
(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) Veterinarians holding a current, valid license in good standing in another state or country who provide assistance to a California-licensed veterinarian and attend on a specific case. The California-licensed veterinarian shall maintain a valid veterinarian-client-patient relationship. The veterinarian providing the assistance shall not establish a veterinarian-client-patient relationship with the client by attending the case or at a future time and shall not practice veterinary medicine, open an office, appoint a place to meet patients, communicate with clients who reside within the limits of this state, give orders, or have ultimate authority over the care or primary diagnosis of a patient that is located within this state.
(3) Veterinarians called into the state by a law enforcement agency or animal control agency pursuant to subdivision (b).
(4) A student of a veterinary medical program accredited by the American Veterinary Medical Association Council on Education who participates as part of the student's formal curriculum in the diagnosis and treatment with direct supervision by a California-licensed veterinarian, or in surgery with immediate supervision by a California-licensed veterinarian, provided all of the following requirements are met:
(A) The clinical training site has been approved by the university where the student is enrolled.
(B) The student has prior training in diagnosis, treatment, and surgery as part of the formal curriculum.
(5) 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 the veterinarian's official capacity. A person exempt under this paragraph shall not otherwise engage in the practice of veterinary medicine unless the person is issued a license by the board.
(6) 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)(1) For purposes of paragraph (3) of subdivision (a), a regularly licensed veterinarian in good standing who is called from another state by a law enforcement agency or animal control agency, as defined in Section 31606 of the Food and Agricultural Code, to attend to cases that are a part of an investigation of an alleged violation of federal or state animal fighting or animal cruelty laws within a single geographic location shall be exempt from the licensing requirements of this chapter if the law enforcement agency or animal control agency determines that it is necessary to call the veterinarian in order for the agency or officer to conduct the investigation in a timely, efficient, and effective manner. In determining whether it is necessary to call a veterinarian from another state, consideration shall be given to the availability of veterinarians in this state to attend to these cases. An agency, department, or officer that calls a veterinarian pursuant to this subdivision shall notify the board of the investigation.
(2) Notwithstanding any other provision of this chapter, a regularly licensed veterinarian in good standing who is called from another state to attend to cases that are a part of an investigation described in paragraph (1) may provide veterinary medical care for animals that are affected by the investigation with a temporary shelter facility, and the temporary shelter facility shall be exempt from the registration requirement of Section 4853 if all of the following conditions are met:
(A) The temporary shelter facility is established only for the purpose of the investigation.
(B) The temporary shelter facility provides veterinary medical care, shelter, food, and water only to animals that are affected by the investigation.
(C) The temporary shelter facility complies with Section 4854.
(D) The temporary shelter facility exists for not more than 60 days, unless the law enforcement agency or animal control agency determines that a longer period of time is necessary to complete the investigation.
(E) Within 30 calendar days upon completion of the provision of veterinary health care services at a temporary shelter facility established pursuant to this section, the veterinarian called from another state by a law enforcement agency or animal control agency to attend to a case shall file a report with the board. The report shall contain the date, place, type, and general description of the care provided, along with a listing of the veterinary health care practitioners who participated in providing that care.
(c) For purposes of paragraph (3) of subdivision (a), the board may inspect temporary facilities established pursuant to this section.
Credits
(Added by Stats.2006, c. 823 (A.B.2915), § 2, operative Jan. 1, 2011. Amended by Stats.2015, c. 556 (A.B.316), § 1, eff. Jan. 1, 2016; Stats.2016, c. 484 (S.B.1193), § 47, eff. Jan. 1, 2017; Stats.2016, c. 799 (S.B.1039), § 27, eff. Jan. 1, 2017; Stats.2018, c. 571 (S.B.1480), § 27, eff. Jan. 1, 2019; Stats.2021, c. 631 (A.B.1535), § 5, eff. Jan. 1, 2022.)
§ 4830.5. Report of dog injured or killed in staged animal fight; civil liability
(a) If a 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 is the duty of the licensee to promptly report that fact to the appropriate law enforcement authorities of the county, city, or city and county in which the fight occurred.
(b) A licensee shall not 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, former Section 597f, Section 597g, 597n, 597.1, or 597.5 of the Penal Code.
Credits
(Added by Stats.1975, c. 369, p. 819, § 1. Amended by Stats.1978, c. 1161, p. 3673, § 268; Stats.1988, c. 810, § 1; Stats.2019, c. 256 (S.B.781), § 1, eff. Jan. 1, 2020.)
§ 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. Violations; misdemeanor; penalty
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.)
Article 2.5. Registered Veterinary Technicians
§ 4832. Repealed by Stats.2010, c. 538 (A.B.1980), § 12, operative Jan. 1, 2012
§ 4833. Powers of committee - § 4833. Repealed by Stats.2010, c. 538 (A.B.1980), § 13, operative Jan. 1, 2012
§ 4834. Removal of committee members from office - § 4834. Repealed by Stats.2010, c. 538 (A.B.1980), § 14, operative Jan. 1, 2012
§ 4835. Per diem and expense - § 4835. Repealed by Stats.2010, c. 538 (A.B.1980), § 15, operative Jan. 1, 2012
(a) The board shall adopt regulations establishing animal health care tasks and an appropriate degree of supervision required for those tasks that may be performed only by a registered veterinary technician or a licensed veterinarian.
(b) The board also may adopt regulations establishing animal health care tasks that may be performed by a veterinary assistant as well as by a registered veterinary technician or a licensed veterinarian. The board shall establish an appropriate degree of supervision by a registered veterinary technician or a licensed veterinarian over a veterinary assistant for any tasks established under this subdivision and the degree of supervision for any of those tasks shall be higher than, or equal to, the degree of supervision required when a registered veterinary technician performs the task.
(c) The board may adopt regulations, as needed, to define subdivision (c) of Section 4840, including, but not limited to, procedures for citations and fines, in accordance with Section 125.9.
Credits
(Added by Stats.1974, c. 1223, p. 2658, § 1. Amended by Stats.1978, c. 609, p. 2048, § 2; Stats.1995, c. 60 (S.B.42), § 19, eff. July 6, 1995; Stats.1997, c. 380 (S.B.80), § 1; Stats.2012, c. 239 (A.B.1839), § 4.)
§ 4836.1. Administration of drug by technician or veterinary assistant; inducement of anesthesia; background checks on veterinary assistants prior to authorization to obtain or administer; restricted access to dangerous drugs
(a) Notwithstanding any other law, a registered veterinary technician or a veterinary assistant may administer a drug, including, but not limited to, a drug that is a controlled substance, under the direct or indirect supervision of a licensed veterinarian when done pursuant to the order, control, and full professional responsibility of a licensed veterinarian. However, no person, other than a licensed veterinarian, may induce anesthesia unless authorized by regulation of the board.
(b) A veterinary assistant may obtain or administer a controlled substance pursuant to the order, control, and full professional responsibility of a licensed veterinarian, only if he or she meets both of the following conditions:
(1) Is designated by a licensed veterinarian to obtain or administer controlled substances.
(2) Holds a valid veterinary assistant controlled substance permit issued pursuant to Section 4836.2.
(c) Notwithstanding subdivision (b), if the Veterinary Medical Board, in consultation with the Board of Pharmacy, identifies a dangerous drug, as defined in Section 4022, as a drug that has an established pattern of being diverted, the Veterinary Medical Board may restrict access to that drug by veterinary assistants.
(d) For purposes of this section, the following definitions apply:
(1) “Controlled substance” has the same meaning as that term is defined in Section 11007 of the Health and Safety Code.
(2) “Direct supervision” has the same meaning as that term is defined in subdivision (e) of Section 2034 of Title 16 of the California Code of Regulations.
(3) “Drug” has the same meaning as that term is defined in Section 11014 of the Health and Safety Code.
(4) “Indirect supervision” has the same meaning as that term is defined in subdivision
(f) of Section 2034 of Title 16 of the California Code of Regulations.
(e) This section shall become operative on the date Section 4836.2 becomes operative.
Credits
(Added by Stats.2013, c. 515 (S.B.304), § 25, operative July 1, 2015.)
§ 4836.2. Veterinary assistant controlled substance permit applications; fees; denial, suspension, or revocation of permit; issue probationary permit; grounds; procedures; submission of fingerprint images and related information; criminal history checks
(a) Applications for a veterinary assistant controlled substance permit shall be upon a form furnished by the board.
(b) The board may suspend or revoke the controlled substance permit of a veterinary assistant after notice and hearing for any cause provided in this subdivision. The proceedings under this section shall be conducted in accordance with the provisions for administrative adjudication in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein. The board may deny, revoke, or suspend a veterinary assistant controlled substance permit, or, subject to terms and conditions deemed appropriate by the board, issue a probationary veterinary assistant controlled substance permit, for any of the following reasons:
(1) The employment of fraud, misrepresentation, or deception in obtaining a veterinary assistant controlled substance permit.
(2) Chronic inebriety or habitual use of controlled substances.
(3) The applicant or permitholder has been convicted of a state or federal felony controlled substance violation.
(4) Violating or attempts to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter, or of the regulations adopted under this chapter.
(5) Conviction of a crime substantially related to the qualifications, functions, or duties of veterinary medicine, veterinary surgery, or veterinary dentistry, in which case the record of the conviction shall be conclusive evidence.
(c) The board shall not issue a veterinary assistant controlled substance permit to any applicant with a state or federal felony controlled substance conviction.
(d)(1) As part of the application for a veterinary assistant controlled substance permit, the applicant shall submit to the Department of Justice fingerprint images and related information, as required by the Department of Justice for all veterinary assistant applicants, for the purposes of obtaining information as to the existence and content of a record of state or federal convictions and state or federal arrests and information as to the existence and content of a record of state or federal arrests for which the Department of Justice establishes that the person is free on bail or on the person's own recognizance pending trial or appeal.
(2) When received, the Department of Justice shall forward to the Federal Bureau of Investigation requests for federal summary criminal history information that it receives pursuant to this section. The Department of Justice shall review any information returned to it from the Federal Bureau of Investigation and compile and disseminate a response to the board summarizing that information.
(3) The Department of Justice shall provide a state or federal level response to the board pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code.
(4) The Department of Justice shall charge a reasonable fee sufficient to cover the cost of processing the request described in this subdivision.
(e) The board shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2 of the Penal Code, for persons described in paragraph (1) of subdivision (d).
Credits
(Added by Stats.2013, c. 515 (S.B.304), § 26, operative July 1, 2015. Amended by Stats.2014, c. 395 (S.B.1243), § 10, eff. Jan. 1, 2015, operative July 1, 2015; Stats.2015, c. 426 (S.B.800), § 34, eff. Jan. 1, 2016; Stats.2018, c. 571 (S.B.1480), § 28, eff. Jan. 1, 2019; Stats.2021, c. 631 (A.B.1535), § 6, eff. Jan. 1, 2022.)
§ 4836.3. Renewal of veterinary assistant controlled substance permits; application requirements; investigation regarding disciplinary action; fee - § 4836.3. Repealed by Stats.2021, c. 631 (A.B.1535), § 7, eff. Jan. 1, 2022
Former text:
(a) Each person who has been issued a veterinary assistant controlled substance permit by the board pursuant to Section 4836.2 shall biennially apply for renewal of his or her permit on or before the last day of the applicant's birthday month. The application shall be made on a form provided by the board.
(b) The application shall contain a statement to the effect that the applicant has not been convicted of a felony, has not been the subject of professional disciplinary action taken by any public agency in California or any other state or territory, and has not violated any of the provisions of this chapter. If the applicant is unable to make that statement, the application shall contain a statement of the conviction, professional discipline, or violation.
(c) The board may, as part of the renewal process, make necessary inquiries of the applicant and conduct an investigation in order to determine if cause for disciplinary action exists.
(d) The fee for filing an application for a renewal of a veterinary assistant controlled substance permit shall be set by the board in an amount the board determines is reasonably necessary to provide sufficient funds to carry out the purposes of this section, not to exceed fifty dollars ($50).
(e) This section shall become operative on the date Section 4836.2 becomes operative.
Credits
(Added by Stats.2013, c. 515 (S.B.304), § 27, operative July 1, 2015.)
§ 4836.4. Veterinary assistant controlled substance permit holders; notification of change in mailing or employer address; penalties for failure to comply
(a) Every person who has been issued a veterinary assistant controlled substance permit by the board pursuant to Section 4836.2 who changes his or her mailing or employer address shall notify the board of his or her new mailing or employer address within 30 days of the change. The board shall not renew the permit of any person who fails to comply with this section unless the person pays the penalty fee prescribed in Section 4842.5. An applicant for the renewal of a permit shall specify in his or her application whether he or she has changed his or her mailing or employer address and the board may accept that statement as evidence of the fact.
(b) This section shall become operative on the date Section 4836.2 becomes operative.
Credits
(Added by Stats.2013, c. 515 (S.B.304), § 28, operative July 1, 2015.)
§ 4836.5. Collection of blood for purpose of transfer or sale of blood and blood component products
(a) Notwithstanding any other law, a registered veterinary technician or a veterinary assistant may collect blood from an animal for the purpose of transferring or selling the blood and blood component products to a licensed veterinarian at a registered premises, under the direct or indirect supervision of a licensed veterinarian when done pursuant to the order, control, and full professional responsibility of a licensed veterinarian.
(b) For purposes of this section, the following definitions apply:
(1) “Blood and blood component products” has the same meaning as that term is defined in Section 4920.
(2) “Direct supervision” has the same meaning as that term is defined in subdivision (e) of Section 2034 of Title 16 of the California Code of Regulations.
(3) “Indirect supervision” has the same meaning as that term is defined in subdivision (f) of Section 2034 of Title 16 of the California Code of Regulations.
Credits
(Added by Stats.2021, c. 752 (A.B.1282), § 2, eff. Jan. 1, 2022.)
§ 4836.6. Unauthorized practice
The board shall take action pursuant to Article 4 (commencing with Section 4875) of this chapter against any veterinarian licensed or authorized to practice in this state who permits any registered veterinary technician or veterinary assistant to perform any animal health care services other than those allowed by this article.
Credits
(Formerly § 4836.5, added by Stats.1974, c. 1223, p. 2658, § 1. Amended by Stats.1980, c. 471, p. 982, § 3; Stats.1995, c. 60 (S.B.42), § 20, eff. July 6, 1995; Stats.2012, c. 239 (A.B.1839), § 6. Renumbered § 4836.6 and amended by Stats.2021, c. 752 (A.B.1282), § 3, eff. Jan. 1, 2022.)
§ 4837. Revocation or suspension of registration; grounds
The board may revoke or suspend the registration of a registered veterinary technician in this state after notice and hearing for any cause provided in this article. The proceedings under this article shall be conducted in accordance with the provisions for administrative adjudication in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein. The board may revoke or suspend a certificate of registration for any of the following reasons:
(a) The employment of fraud, misrepresentation or deception in obtaining a registration.
(b) Conviction of a crime substantially related to the qualifications, functions and duties of a registered veterinary technician in which case the record of such conviction will be conclusive evidence.
(c) Chronic inebriety or habitual use of controlled substances.
(d) For having professional connection with or lending one's name to any illegal practitioner of veterinary medicine and the various branches thereof.
(e) Violating or attempts to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter, or of the regulations adopted under this chapter.
CREDIT(S)
(Added by Stats.1974, c. 1223, p. 2658, § 1. Amended by Stats.1978, c. 1161, p. 3674, § 270; Stats.1995, c. 60 (S.B.42), § 21, eff. July 6, 1995.)
§ 4838. Continuing education; rules and regulations
Effective with the 1976 renewal period, if the board determines that the public health and safety would be served by requiring all registrants under the provisions of this article to continue their education after receiving such registration, it may require, as a condition of renewal, that they submit assurances satisfactory to the board that they will, during the succeeding renewal period, inform themselves of the developments in the field of animal health technology since the issuance of their certificate of registration by pursuing one or more courses of study satisfactory to the board or by other means deemed equivalent by the board.
The board shall adopt regulations providing for the suspension of registration at the end of each annual renewal period until compliance with the assurances provided for in this section is accomplished.
CREDIT(S)
(Added by Stats.1974, c. 1223, p. 2659, § 1. Amended by Stats.1975, c. 762, p. 1774, § 2.)
§ 4839. Registered veterinary technician
(a) For purposes of this article, a registered veterinary technician means a person who has met the requirements set forth in Sections 4841.4 and 4841.5, has passed the examination described in Section 4841.4, and is registered by the board.
(b) This section shall become operative on January 1, 2011.
CREDIT(S)
(Added by Stats.2009, c. 80 (A.B.107), § 5, operative Jan. 1, 2011. Amended by Stats.2010, c. 538 (A.B.1980), § 16, operative Jan. 1, 2011.)
§ 4839.5. Title of registered veterinary technician
No person shall use the title “registered veterinary technician” or “veterinary technician,” or any other words, letters, or symbols, including, but not limited to, the abbreviation “R.V.T.,” with the intent to represent that the person is authorized to act as a registered veterinary technician, unless that person meets the requirements of Section 4839.
CREDIT(S)
(Added by Stats.2010, c. 538 (A.B.1980), § 17.)
§ 4840. Authorized acts by registered veterinary technicians and unregistered assistants
(a) Registered veterinary technicians and veterinary assistants are approved to perform those animal health care services prescribed by law under the supervision of a veterinarian licensed or authorized to practice in this state.
(b) Registered veterinary technicians may perform animal health care services on those animals impounded by a state, county, city, or city and county agency pursuant to the direct order, written order, or telephonic order of a veterinarian licensed or authorized to practice in this state.
(c) Registered veterinary technicians may apply for registration from the federal Drug Enforcement Administration that authorizes the direct purchase of sodium pentobarbital for the performance of euthanasia as provided for in subdivision (d) of Section 4827 without the supervision or authorization of a licensed veterinarian.
Credits
(Added by Stats.1974, c. 1223, p. 2659, § 1. Amended by Stats.1978, c. 609, p. 2049, § 3; Stats.1980, c. 471, p. 983, § 4; Stats.1995, c. 60 (S.B.42), § 23, eff. July 6, 1995; Stats.1997, c. 380 (S.B.80), § 2; Stats.1998, c. 485 (A.B.2803), § 1; Stats.2012, c. 239 (A.B.1839), § 7.)
§ 4840.2. Prohibited acts by registered veterinary technicians and unregistered assistants
Registered veterinary technicians and veterinary assistants shall not perform the following health care services:
(a) Surgery.
(b) Diagnosis and prognosis of animal diseases.
(c) Prescribing of drugs, medicine, and appliances.
Credits
(Added by Stats.1974, c. 1223, p. 2659, § 1. Amended by Stats.1980, c. 471, p. 983, § 5; Stats.1995, c. 60 (S.B.42), § 24, eff. July 6, 1995; Stats.2012, c. 239 (A.B.1839), § 8.)
Under conditions of an emergency, a registered veterinary technician may render such lifesaving aid and treatment as may be prescribed under regulations adopted by the board pursuant to Section 4836. Such emergency aid and treatment if rendered to an animal patient not in the presence of a licensed veterinarian may only be continued under the direction of a licensed veterinarian. “Emergency” for the purpose of this section, means that the animal has been placed in a life-threatening condition where immediate treatment is necessary.
Credits
(Added by Stats.1974, c. 1223, p. 2659, § 1. Amended by Stats.1995, c. 60 (S.B.42), § 25, eff. July 6, 1995; Stats.2017, c. 429 (S.B.547), § 11, eff. Jan. 1, 2018.)
§ 4840.6. Liability for damages; emergency services
Any registered veterinary technician registered in this state who in good faith renders emergency animal health care at the scene of the emergency, or his or her employing veterinarian or agency authorized under Section 4840.9, shall not be liable for any civil damages as the result of acts or omissions by a registered veterinary technician rendering the emergency care. This section shall not grant immunity from civil damages when the registered veterinary technician is grossly negligent.
CREDIT(S)
(Added by Stats.1974, c. 1223, p. 2659, § 1. Amended by Stats.1995, c. 60 (S.B.42), § 26, eff. July 6, 1995.)
§ 4840.7. Operation of radiographic equipment
(a) A registered veterinary technician who has been examined by the board in the area of radiation safety and techniques may operate radiographic equipment under the indirect supervision of a licensed veterinarian.
(b)(1) A veterinary assistant who has been trained in the area of radiation safety and techniques may operate radiographic equipment under the direct supervision of a registered veterinary technician or a licensed veterinarian.
(2) The responsible managing licensee of a veterinary premises shall maintain records of the training described in paragraph (1). A veterinary assistant for whom records of this training do not exist shall not operate radiographic equipment.
(3) The training records described in paragraph (2) shall be made available to the board upon request and at the time of any inspection of the veterinary premises.
Credits
(Added by Stats.1982, c. 531, p. 2462, § 2. Amended by Stats.1995, c. 60 (S.B.42), § 27, eff. July 6, 1995; Stats.2010, c. 538 (A.B.1980), § 18; Stats.2012, c. 239 (A.B.1839), § 9.)
§ 4840.9. Qualified employers of veterinary technicians and veterinary assistants
Registered veterinary technicians and veterinary assistants may be employed by any veterinarian licensed or authorized to practice in this state or by any governmental agency which employs veterinarians. However, the employer must be fully aware of the provisions of this article as stated by regulations adopted by the board pursuant to Section 4836.
Credits
(Added by Stats.1974, c. 1223, p. 2660, § 1. Amended by Stats.1980, c. 471, p. 983, § 7; Stats.1995, c. 60 (S.B.42), § 28, eff. July 6, 1995; Stats.2012, c. 239 (A.B.1839), § 10.)
§ 4841. Certificate of registration required
Any person performing any of the tasks designated by the board pursuant to Section 4836 and any person representing himself or herself as a registered veterinary technician in this state, shall hold a valid unexpired certificate of registration as provided in this article.
CREDIT(S)
(Added by Stats.1974, c. 1223, p. 2660, § 1. Amended by Stats.1995, c. 60 (S.B.42), § 29, eff. July 6, 1995.)
§ 4841.1. Veterinary technology students in clinical portion of final year of study
(a) This article shall not apply to students in the clinical portion of their final year of study in a board-approved California veterinary technology program who perform the job tasks for registered veterinary technicians as part of their educational experience, including students both on and off campus acting under the supervision of a licensed veterinarian in good standing, as defined in paragraph (1) of subdivision (b) of Section 4848.
(b) The board shall adopt regulations defining the parameters of supervision required for the students described in subdivision (a).
CREDIT(S)
(Added by Stats.2010, c. 538 (A.B.1980), § 19.)
§ 4841.2. Graduate of veterinary college; prohibited from veterinary technician tasks without licensure or registration as veterinary technician
(a) Except as provided in subdivision (b), a graduate of a recognized veterinary college shall not perform animal health care tasks otherwise performed by a registered veterinary technician unless the graduate has obtained licensure or registration as otherwise required under this chapter.
(b) If, on or before January 1, 2020, a graduate of a recognized veterinary college has performed animal health care tasks otherwise performed by a registered veterinary technician, the graduate shall discontinue performing such duties on or after January 1, 2020, unless the graduate is issued a license or registration as otherwise required under this chapter.
Credits
(Added by Stats.2018, c. 571 (S.B.1480), § 29, eff. Jan. 1, 2019.)
§ 4841.4.Licensing examination
(a) The board, by means of examination, shall determine the professional qualifications of all applicants who wish to register as veterinary technicians in California. A registration shall not be issued to anyone who has not demonstrated their competency by examination.
(b) Subject to subdivision (d), the examination for veterinary technicians shall consist of a national licensing examination.
(c) For examination purposes, the board may make contractual arrangements on a sole source basis with organizations furnishing examination material as it may deem desirable and shall be exempt from Section 10115 of the Public Contract Code.
(d) The national licensing examination shall be implemented upon availability of the computerized examination on or after January 1, 2011.
Credits
(Added by Stats.2009, c. 80 (A.B.107), § 6. Amended by Stats.2021, c. 631 (A.B.1535), § 8, eff. Jan. 1, 2022.)
§ 4841.5. Eligibility for examination
To obtain registration as a registered veterinary technician, the applicant shall furnish satisfactory evidence of one of the following:
(a) Graduation from, at minimum, a two-year curriculum in veterinary technology, in a college or other postsecondary institution approved by the board, or the equivalent thereof, as determined by the board. In the case of a private postsecondary institution, the institution shall also be approved by the Bureau for Private Postsecondary Education. Proof of graduation shall be submitted directly to the board by the college, other postsecondary institution, or American Association of Veterinary State Boards.
(b) Education or a combination of education and clinical practice experience, as determined by the board.
(c) Education equivalency certified by the American Association of Veterinary State Boards Program for the Assessment of Veterinary Education Equivalence for Veterinary Technicians. The certificate of education equivalence shall be submitted directly to the board by the American Association of Veterinary State Boards.
Credits
(Added by Stats.1974, c. 1223, p. 2660, § 1. Amended by Stats.1975, c. 762, p. 1774, § 3; Stats.1978, c. 1161, p. 3675, § 271; Stats.1995, c. 60 (S.B.42), § 30, eff. July 6, 1995; Stats.2001, c. 306 (A.B.446), § 2; Stats.2008, c. 529 (S.B.1584), § 3; Stats.2014, c. 395 (S.B.1243), § 11, eff. Jan. 1, 2015; Stats.2021, c. 631 (A.B.1535), § 9, eff. Jan. 1, 2022.)
§ 4842. Disqualification of applicants
The board may deny an application to take a written and practical examination for registration as a registered veterinary technician if the applicant has done any of the following:
(a) Committed any act which would be grounds for the suspension or revocation of registration under this chapter.
(b) While unregistered, committed, or aided and abetted the commission of, any act for which a certificate of registration is required by this chapter.
(c) Knowingly made any false statement in the application.
(d) Been convicted of a crime substantially related to the qualifications, functions and duties of a registered veterinary technician.
(e) Committed any act that resulted in a revocation by another state of his or her license, registration, or other procedure by virtue of which one is licensed or allowed to practice veterinary technology in that state.
CREDIT(S)
(Added by Stats.1974, c. 1223, p. 2660, § 1. Amended by Stats.1978, c. 1161, p. 3585, § 272; Stats.1995, c. 60 (S.B.42), § 31, eff. July 6, 1995.)
§ 4842.1. Issuance of certificate of registration
The board shall issue a certificate of registration to each applicant who passes the examination. The form of the certificate shall be determined by the board.
CREDIT(S)
(Added by Stats.1974, c. 1223, p. 2660, § 1.)
§ 4842.2. Veterinary medical board contingent fund; deposit
All funds collected by the board under this article shall be deposited in the Veterinary Medical Board Contingent Fund.
CREDIT(S)
(Added by Stats.1997, c. 642 (A.B.839), § 16, operative July 1, 1998; Stats.1997, c. 759 (S.B.827), § 37, operative July 1, 1998. Amended by Stats.2001, c. 306 (A.B.446), § 3; Stats.2004, c. 467 (S.B.1548), § 7.)
§ 4842.5. Fees - § 4842.5. Repealed by Stats.2021, c. 631 (A.B.1535), § 10, eff. Jan. 1, 2022
Former text:
The amount of fees prescribed by this article is that fixed by the following schedule:
(a) The fee for filing an application for examination shall be set by the board in an amount it determines is reasonably necessary to provide sufficient funds to carry out the purposes of this chapter, not to exceed three hundred fifty dollars ($350).
(b) The fee for the California registered veterinary technician examination shall be set by the board in an amount it determines is reasonably necessary to provide sufficient funds to carry out the purposes of this chapter, not to exceed three hundred dollars ($300).
(c) The initial registration fee shall be set by the board at not more than three hundred fifty dollars ($350), except that, if the license is issued less than one year before the date on which it will expire, then the fee shall be set by the board at not more than one hundred seventy-five dollars ($175). The board may adopt regulations to provide for the waiver or refund of the initial registration fee where the registration is issued less than 45 days before the date on which it will expire.
(d) The biennial renewal fee shall be set by the board at not more than three hundred fifty dollars ($350).
(e) The delinquency fee shall be set by the board at not more than fifty dollars ($50).
(f) Any charge made for duplication or other services shall be set at the cost of rendering the services.
(g) The fee for filing an application for approval of a school or institution offering a curriculum for training registered veterinary technicians pursuant to Section 4843 shall be set by the board at an amount not to exceed three hundred dollars ($300). The school or institution shall also pay for the actual costs of an onsite inspection conducted by the board pursuant to Section 2065.6 of Title 16 of the California Code of Regulations, including, but not limited to, the travel, food, and lodging expenses incurred by an inspection team sent by the board.
(h) The fee for failure to report a change in the mailing address is twenty-five dollars ($25).
CREDIT(S)
(Added by Stats.1974, c. 1223, p. 2661, § 1. Amended by Stats.1975, c. 762, p. 1775, § 4; Stats.1978, c. 609, p. 2049, § 4; Stats.1985, c. 612, § 1; Stats.1992, c. 626 (S.B.663), § 1; Stats.2004, c. 467 (S.B.1548), § 8; Stats.2008, c. 529 (S.B.1584), § 4.)
§ 4842.6. Renewal of licenses or registrations; biennial applications
(a) Each individual registered by the board shall biennially apply for renewal of his or her license or registration on or before the last day of the applicant's birthday month. The application shall be made on a form provided by the board.
(b) The application shall contain a statement to the effect that the applicant has not been convicted of a felony, has not been the subject of professional disciplinary action taken by any public agency in California or any other state or territory, and has not violated any of the provisions of this chapter. If the applicant is unable to make that statement, the application shall contain a statement of the conviction, professional discipline, or violation.
(c) The board may, as part of the renewal process, make necessary inquiries of the applicant and conduct an investigation in order to determine if cause for disciplinary action exists.
CREDIT(S)
(Added by Stats.1988, c. 1007, § 1.)
§ 4842.7. Change of mailing address
Every person registered by the board under this article who changes their mailing address shall notify the board of their new mailing address within 30 days of the change. The board shall not renew the registration of any person who fails to comply with this section unless the person pays the penalty fee prescribed in Section 4905. An applicant for the renewal of a registration shall specify in their application whether they have changed their mailing address and the board may accept that statement as evidence of the fact.
Credits
(Added by Stats.2008, c. 529 (S.B.1584), § 5. Amended by Stats.2022, c. 28 (S.B.1380), § 6, eff. Jan. 1, 2023.)
§ 4843. Approval of schools offering training
The board shall approve all schools or institutions offering a curriculum for training registered veterinary technicians. Application forms for schools requesting approval shall be furnished by the board. Approval by the board shall be for a two-year period. Reapplication for approval by the board shall be made at the end of the expiration date.
CREDIT(S)
(Added by Stats.1974, c. 1223, p. 2661, § 1. Amended by Stats.1995, c. 60 (S.B.42), § 33, eff. July 6, 1995.)
§ 4843.2. Repealed by Stats.1985, c. 612, § 2
§ 4843.5. Renewal of expired certificates
Except as otherwise provided in this article, an expired certificate of registration may be renewed at any time within five years after its expiration on filing of an application for renewal on a form prescribed by the board, and payment of all accrued and unpaid renewal fees. If the certificate of registration is renewed more than 30 days after its expiration, the registrant, as a condition precedent to renewal, shall also pay the delinquency fee prescribed by this article. Renewal under this section shall be effective on the date on which the application is filed, on the date all renewal fees are paid, or on the date on which the delinquency fee, if any, is paid, whichever occurs last.
CREDIT(S)
(Added by Stats.1974, c. 1223, p. 2661, § 1. Amended by Stats.1978, c. 1161, p. 3676, § 273; Stats.2001, c. 306 (A.B.446), § 4.)
§ 4844. Renewal of certification; certificates expired five years or more
A person who fails to renew his certificate of registration within five years after its expiration may not renew it, and it shall not be restored, reissued, or reinstated thereafter, but that person may apply for and obtain a new certificate of registration if:
(a) He or she is not subject to denial of registration under Section 480.
(b) No fact, circumstance, or condition exists which, if the certificate of registration were issued, would justify its revocation or suspension.
(c) He or she takes and passes the examination, if any, that would be required of him or her if he or she were then applying for a certificate of registration for the first time, or otherwise establishes to the satisfaction of the board that, with due regard for the public interest, he or she is qualified to be a registered veterinary technician.
(d) He or she pays all of the fees that would be required of him or her if he or she were applying for the certificate of registration for the first time.
The board may, by regulation, provide for the waiver or refund of all or any part of the examination fee when a certificate of registration is issued without an examination pursuant to this section.
CREDIT(S)
(Added by Stats.1974, c. 1223, p. 2661, § 1. Amended by Stats.1978, c. 1161, p. 3676, § 274; Stats.2014, c. 395 (S.B.1243), § 12, eff. Jan. 1, 2015.)
Article 3. Issuance of Licenses
§ 4845. Probationary registration; terms and conditions
(a) Notwithstanding any other provision of law, the board may, in its sole discretion, issue a probationary registration to an applicant subject to terms and conditions deemed appropriate by the board, including, but not limited to, the following:
(1) Continuing medical, psychiatric, or psychological treatment.
(2) Ongoing participation in a specified rehabilitation program.
(3) Abstention from the use of alcohol or drugs.
(4) Compliance with all provisions of this chapter.
(b)(1) Notwithstanding any other provision of law, and for purposes of this section, when deciding whether to issue a probationary registration, the board shall request that an applicant with a dismissed conviction provide proof of that dismissal and shall give special consideration to applicants whose convictions have been dismissed pursuant to Section 1203.4 or 1203.4a of the Penal Code.
(2) The board shall also take into account and consider any other reasonable documents or individual character references provided by the applicant that may serve as evidence of rehabilitation as deemed appropriate by the board.
(c) The board may modify or terminate the terms and conditions imposed on the probationary registration upon receipt of a petition from the applicant or registrant.
(d) For purposes of issuing a probationary license to qualified new applicants, the board shall develop standard terms of probation that shall include, but not be limited to, the following:
(1) A three-year limit on the individual probationary registration.
(2) A process to obtain a standard registration for applicants who were issued a probationary registration.
(3) Supervision requirements.
(4) Compliance and quarterly reporting requirements.
CREDIT(S)
(Added by Stats.2008, c. 675 (A.B.2423), § 5.)
§ 4845.5. Revocation, suspension, or denial at any time; statement of reasons for denial; criminal history record; time for hearing
(a) Notwithstanding Sections 4837 and 4842.6 or any other provision of law, the board may revoke, suspend, or deny at any time a registration under this article on any of the grounds for disciplinary action provided in this article. The proceedings under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein.
(b) The board may deny a registration to an applicant on any of the grounds specified in Section 480.
(c) In addition to the requirements provided in Sections 485 and 486, upon denial of an application for registration, the board shall provide a statement of reasons for the denial that does the following:
(1) Evaluates evidence of rehabilitation submitted by the applicant, if any.
(2) Provides the board's criteria relating to rehabilitation, formulated pursuant to Section 482, that takes into account the age and severity of the offense, and the evidence relating to participation in treatment or other rehabilitation programs.
(3) If the board's decision was based on the applicant's prior criminal conviction, justifies the board's denial of a registration and conveys the reasons why the prior criminal conviction is substantially related to the qualifications, functions, or duties of a registered veterinary technician.
(d) Commencing July 1, 2009, all of the following shall apply:
(1) If the denial of a registration is due at least in part to the applicant's state or federal criminal history record, the board shall, in addition to the information provided pursuant to paragraph (3) of subdivision (c), provide to the applicant a copy of his or her criminal history record if the applicant makes a written request to the board for a copy, specifying an address to which it is to be sent.
(A) The state or federal criminal history record shall not be modified or altered from its form or content as provided by the Department of Justice.
(B) The criminal history record shall be provided in such a manner as to protect the confidentiality and privacy of the applicant's criminal history record and the criminal history record shall not be made available by the board to any employer.
(C) The board shall retain a copy of the applicant's written request and a copy of the response sent to the applicant, which shall include the date and the address to which the response was sent.
(2) The board shall make that information available upon request by the Department of Justice or the Federal Bureau of Investigation.
(e) Notwithstanding Section 487, the board shall conduct a hearing of a registration denial within 90 days of receiving an applicant's request for a hearing. For all other hearing requests, the board shall determine when the hearing shall be conducted.
CREDIT(S)
(Added by Stats.2008, c. 675 (A.B.2423), § 6.)
§ 4846. Licensing requirements
(a) In order to obtain a license to practice veterinary medicine in California, an individual shall meet the following requirements:
(1) Graduate from a veterinary college recognized by the board or receive a certificate from the Educational Commission for Foreign Veterinary Graduates (ECFVG) or the Program for the Assessment of Veterinary Education Equivalence (PAVE). Proof of graduation must be directly submitted to the board by the veterinary college or from the American Association of Veterinary State Boards (AAVSB). Proof of certificate must be directly submitted to the board by ECFVG or PAVE.
(2) Complete a board-approved license application.
(3) Pay the applicable fees specified in Section 4905.
(4) As directed by the board pursuant to Section 144, submit a full set of fingerprints for the purpose of conducting a criminal history record check and undergo a state and federal criminal offender record information search conducted through the Department of Justice, pursuant to subdivision (u) of Section 11105 of the Penal Code. The Department of Justice shall provide a state or federal response to the board pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code.
(5) Pass an examination consisting of the following:
(A) A licensing examination that is administered on a national basis. If the applicant passed the national licensing examination over five years from the date of submitting the California Veterinarian license application, the applicant shall satisfy one of the following:
(i) Retake and pass the national licensing examination.
(ii) Submit proof of having practiced clinical veterinary medicine for a minimum of two years and completed a minimum of 2,500 hours of clinical practice in another state, Canadian province, or United States territory within the three years immediately preceding filing an application for licensure in this state.
(iii) Complete the minimum continuing education requirements of Section 4846.5 for the current and preceding year.
(B) A veterinary law examination administered by the board concerning the Veterinary Medicine Practice Act statutes and regulations. The examination may be administered by regular mail, email, or by other electronic means. The applicant shall certify that the applicant personally completed the examination. Any false statement is a violation subject to Section 4831. Every applicant who obtains a score of at least 80% on the veterinary law examination shall be deemed to have passed. University of California and Western University of Health Sciences veterinary medical students who have successfully completed a board-approved course on veterinary law and ethics covering the Veterinary Medicine Practice Act shall be exempt from this subparagraph.
(b) The applicant shall disclose each state, Canadian province, or United States territory in which the applicant currently holds or has ever held a license to practice veterinary medicine. License verification, including any disciplinary or enforcement history, must be directly submitted to the board from each state, Canadian province, or United States territory.
(c) A veterinarian license application shall be subject to denial pursuant to Sections 480, 4875, and 4883.
Credits
(Added by Stats.2021, c. 631 (A.B.1535), § 12, eff. Jan. 1, 2022.)
§ 4846.1. Graduates from unrecognized colleges; determination of qualifications; rules and regulations
If the veterinary college from which an applicant is graduated is not recognized by the board, the board shall have the authority to determine the qualifications of such graduates and to review the quality of the educational experience attained by them in an unrecognized veterinary college. The board shall have the authority to adopt rules and regulations to implement this provision.
CREDIT(S)
(Added by Stats.1975, c. 265, p. 1781, § 3.)
§ 4846.2. Graduates from unrecognized colleges; deficiency in qualifications; remedial requirements
If the board finds in evaluating the graduate described in Section 4846.1 that such applicant is deficient in qualification or in the quality of his educational experience the board may require such applicant to fulfill such other remedial or other requirements as the board, by regulation, may prescribe.
CREDIT(S)
(Added by Stats.1975, c. 265, p. 1783, § 4.)
§ 4846.4. Renewal of licenses or registrations; biennial applications- § 4846.4. Repealed by Stats.2021, c. 631 (A.B.1535), § 13, eff. Jan. 1, 2022
Former text:
(a) Each individual licensed by the board shall biennially apply for renewal of his or her license or registration on or before the last day of the applicant's birthday month. The application shall be made on a form provided by the board.
(b) The application shall contain a statement to the effect that the applicant has not been convicted of a felony, has not been the subject of professional disciplinary action taken by any public agency in California or any other state or territory, and has not violated any of the provisions of this chapter. If the applicant is unable to make that statement, the application shall contain a statement of the conviction, professional discipline, or violation.
(c) The board may, as part of the renewal process, make necessary inquiries of the applicant and conduct an investigation in order to determine if cause for disciplinary action exists.
CREDIT(S)
(Added by Stats.1988, c. 1007, § 2.)
§ 4846.5. Continuing education requirements for renewal of license; inactive licenses; exemption
(a) Except as provided in this section, the board shall issue renewal licenses only to those applicants that have completed a minimum of 36 hours of continuing education in the preceding two years.
(b)(1) Notwithstanding any other law, continuing education hours shall be earned by attending courses relevant to veterinary medicine and sponsored or cosponsored by any of the following:
(A) American Veterinary Medical Association (AVMA) accredited veterinary medical colleges.
(B) Accredited colleges or universities offering programs relevant to veterinary medicine.
(C) The American Veterinary Medical Association.
(D) American Veterinary Medical Association recognized specialty or affiliated allied groups.
(E) American Veterinary Medical Association's affiliated state veterinary medical associations.
(F) Nonprofit annual conferences established in conjunction with state veterinary medical associations.
(G) Educational organizations affiliated with the American Veterinary Medical Association or its state affiliated veterinary medical associations.
(H) Local veterinary medical associations affiliated with the California Veterinary Medical Association.
(I) Federal, state, or local government agencies.
(J) Providers accredited by the Accreditation Council for Continuing Medical Education (ACCME) or approved by the American Medical Association (AMA), providers recognized by the American Dental Association Continuing Education Recognition Program (ADA CERP), and AMA or ADA affiliated state, local, and specialty organizations.
(2) Notwithstanding paragraph (1), a total of six hours or less of the required 36 hours of continuing education may be earned by doing either of the following, or a combination thereof:
(A) Up to six hours may be earned by taking self-study courses, which may include, but are not limited to, reading journals, viewing video recordings, or listening to audio recordings.
(B) Up to four hours may be earned by providing pro bono spaying or neutering services under the supervision of a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group. The services shall be administered at a facility that is appropriately equipped and staffed to provide those services. The service shall be provided to a household with a demonstrated financial need for reduced-cost services.
(3) The board may approve other continuing veterinary medical education providers not specified in paragraph (1).
(A) The board has the authority to recognize national continuing education approval bodies for the purpose of approving continuing education providers not specified in paragraph (1).
(B) Applicants seeking continuing education provider approval shall have the option of applying to the board or to a board-recognized national approval body.
(4) For good cause, the board may adopt an order specifying, on a prospective basis, that a provider of continuing veterinary medical education authorized pursuant to paragraph (1) or (3) is no longer an acceptable provider.
(c) A person renewing their license issued pursuant to Section 4846.4, or a person applying for relicensure or for reinstatement of their license to active status, shall submit proof of compliance with this section to the board certifying that the person is in compliance with this section. Any false statement submitted pursuant to this section shall be a violation subject to Section 4831.
(d) This section shall not apply to a veterinarian's first license renewal. This section shall apply only to second and subsequent license renewals granted on or after January 1, 2002.
(e) The board shall have the right to audit the records of all applicants to verify the completion of the continuing education requirement. Applicants shall maintain records of completion of required continuing education coursework for a period of four years and shall make these records available to the board for auditing purposes upon request. If the board, during this audit, questions whether any course reported by the veterinarian satisfies the continuing education requirement, the veterinarian shall provide information to the board concerning the content of the course; the name of its sponsor and cosponsor, if any; and specify the specific curricula that was of benefit to the veterinarian.
(f) A veterinarian desiring an inactive license or to restore an inactive license under Section 701 shall submit an application on a form provided by the board. In order to restore an inactive license to active status, the veterinarian shall have completed a minimum of 36 hours of continuing education within the last two years preceding application. The inactive license status of a veterinarian shall not deprive the board of its authority to institute or continue a disciplinary action against a licensee.
(g) Knowing misrepresentation of compliance with this article by a veterinarian constitutes unprofessional conduct and grounds for disciplinary action or for the issuance of a citation and the imposition of a civil penalty pursuant to Section 4883.
(h) The board, in its discretion, may exempt from the continuing education requirement any veterinarian who for reasons of health, military service, or undue hardship cannot meet those requirements. Applications for waivers shall be submitted on a form provided by the board.
(i) The administration of this section may be funded through professional license and continuing education provider fees. The fees related to the administration of this section shall not exceed the costs of administering the corresponding provisions of this section.
(j) For those continuing education providers not listed in paragraph (1) of subdivision (b), the board or its recognized national approval agent shall establish criteria by which a provider of continuing education shall be approved. The board shall initially review and approve these criteria and may review the criteria as needed. The board or its recognized agent shall monitor, maintain, and manage related records and data. The board may impose an application fee, not to exceed two hundred dollars ($200) biennially, for continuing education providers not listed in paragraph (1) of subdivision (b).
(k)(1) Beginning January 1, 2018, a licensed veterinarian who renews their license shall complete a minimum of one credit hour of continuing education on the judicious use of medically important antimicrobial drugs every four years as part of their continuing education requirements.
(2) For purposes of this subdivision, “medically important antimicrobial drug” means an antimicrobial drug listed in Appendix A of the federal Food and Drug Administration's Guidance for Industry #152, including critically important, highly important, and important antimicrobial drugs, as that appendix may be amended.
Credits
(Added by Stats.1998, c. 621 (S.B.155), § 1. Amended by Stats.2000, c. 995 (S.B.1620), § 1; Stats.2009, c. 88 (A.B.176), § 3; Stats.2015, c. 764 (S.B.361), § 1, eff. Oct. 10, 2015; Stats.2016, c. 484 (S.B.1193), § 48, eff. Jan. 1, 2017; Stats.2018, c. 236 (A.B.2300), § 1, eff. Jan. 1, 2019; Stats.2022, c. 511 (S.B.1495), § 25, eff. Jan. 1, 2023.)
§ 4847. Numbering and disposition of applications - § 4847. Repealed by Stats.2021, c. 631 (A.B.1535), § 14, eff. Jan. 1, 2022
Former text:
The board shall number consecutively all applications received, note upon each the disposition made of it, and preserve the same for reference.
CREDIT(S)
(Added by Stats.1937, c. 933, p. 2567. Amended by Stats.1971, c. 716, p. 1404, § 62.)
§ 4847.1. Abandonment of application
(a) If an applicant fails to complete their application within one year after it has been filed, the application shall be considered abandoned and the application fee forfeited.
(b) An application submitted subsequent to the abandonment of the former application shall be treated as a new application.
(c) An applicant shall notify the board of any changes in mailing or employment address that occur after filing the application.
Credits
(Added by Stats.2021, c. 631 (A.B.1535), § 15, eff. Jan. 1, 2022.)
§ 4848. Examination; waiver; out-of-state applicants; temporary license; requirements- § 4848. Repealed by Stats.2021, c. 631 (A.B.1535), § 16, eff. Jan. 1, 2022
Former text:
(a)(1) The board shall, by means of examination, ascertain the professional qualifications of all applicants for licenses to practice veterinary medicine in this state and shall issue a license to every person whom it finds to be qualified. No license shall be issued to anyone who has not demonstrated his or her competency by examination.
(2) The examination shall consist of each of the following:
(A) A licensing examination that is administered on a national basis.
(B) A California state board examination.
(C) An examination concerning those statutes and regulations of the Veterinary Medicine Practice Act administered by the board. The examination shall be administered by regular mail, email, or by both regular mail and email, and provided to applicants within 10 to 20 days of eligibility determination. The board shall have 10 to 20 days from the date of receipt to process the examination and provide candidates with the results of the examination. The applicant shall certify that he or she personally completed the examination. Any false statement is a violation subject to Section 4831. University of California and Western University of Health Sciences veterinary medical students who have successfully completed a board-approved course on veterinary law and ethics covering the Veterinary Medicine Practice Act shall be exempt from this provision.
(3) The examinations may be given at the same time or at different times as determined by the board. For examination purposes, the board may make contractual arrangements on a sole source basis with organizations furnishing examination material as it may deem desirable and shall be exempt from Section 10115 of the Public Contract Code.
(4) The licensing examination may be waived by the board in any case in which it determines that the applicant has taken and passed an examination for licensure in another state substantially equivalent in scope and subject matter to the licensing examination last given in California before the determination is made, and has achieved a score on the out-of-state examination at least equal to the score required to pass the licensing examination administered in California.
(5) Nothing in this chapter shall preclude the board from permitting a person who has completed a portion of his or her educational program, as determined by the board, in a veterinary college recognized by the board under Section 4846 to take any examination or any part thereof prior to satisfying the requirements for application for a license established by Section 4846.
(b) For purposes of reciprocity, the board shall waive the examination requirements of subdivision (a), and issue a license to an applicant to practice veterinary medicine if the applicant meets all of the following requirements and would not be denied issuance of a license by any other provision of this code:
(1) The applicant holds a current valid license in good standing in another state, Canadian province, or United States territory and, within three years immediately preceding filing an application for licensure in this state, has practiced clinical veterinary medicine for a minimum of two years and completed a minimum of 2,944 hours of clinical practice. Experience obtained while participating in an American Veterinary Medical Association (AVMA) accredited institution's internship, residency, or specialty board training program shall be valid for meeting the minimum experience requirement.
The term “in good standing” means that an applicant under this section:
(A) Is not currently under investigation nor has been charged with an offense for any act substantially related to the practice of veterinary medicine by any public agency, nor entered into any consent agreement or been subject to an administrative decision that contains conditions placed by an agency upon an applicant's professional conduct or practice, including any voluntary surrender of license, nor been the subject of an adverse judgment resulting from the practice of veterinary medicine that the board determines constitutes evidence of a pattern of incompetence or negligence.
(B) Has no physical or mental impairment related to drugs or alcohol, and has not been found mentally incompetent by a physician so that the applicant is unable to undertake the practice of veterinary medicine in a manner consistent with the safety of a patient or the public.
(2) At the time of original licensure, the applicant passed the national licensing requirement in veterinary science with a passing score or scores on the examination or examinations equal to or greater than the passing score required to pass the national licensing examination or examinations administered in this state.
(3) The applicant has either graduated from a veterinary college recognized by the board under Section 4846 or possesses a certificate issued by the Educational Commission for Foreign Veterinary Graduates (ECFVG) or the Program for the Assessment of Veterinary Education Equivalence (PAVE).
(4) The applicant passes an examination concerning the statutes and regulations of the Veterinary Medicine Practice Act, administered by the board, pursuant to subparagraph (C) of paragraph (2) of subdivision (a).
(5) The applicant completes an approved educational curriculum on regionally specific and important diseases and conditions. The board, in consultation with the California Veterinary Medical Association (CVMA), shall approve educational curricula that cover appropriate regionally specific and important diseases and conditions that are common in California. The curricula shall focus on small and large animal diseases consistent with the current proportion of small and large animal veterinarians practicing in the state. The approved curriculum shall not exceed 30 hours of educational time. The approved curriculum may be offered by multiple providers so that it is widely accessible to candidates licensed under this subdivision.
(c) The board shall issue a temporary license valid for one year to an applicant to practice veterinary medicine under the supervision of another California-licensed veterinarian in good standing if the applicant satisfies all of the following requirements:
(1) The applicant meets the requirements of paragraphs (1) to (4), inclusive, of subdivision (b).
(2) The applicant would not be denied issuance of a license under any other provision of this chapter.
(3) The applicant agrees to complete the approved educational curriculum described in paragraph (5) of subdivision (b) on regionally specific and important diseases and conditions during the period of temporary licensure.
(d) Upon completion of the curriculum described in paragraph (5) of subdivision (b), a temporary licensee shall submit an application for full licensure accompanied by verification of completion of that curriculum and all applicable fees.
(e) The board, in its discretion, may extend the expiration date of a temporary license issued pursuant to subdivision (c) for not more than one year for reasons of health, military service, or undue hardship. An application for an extension shall be submitted on a form provided by the board.
Credits
(Added by Stats.1937, c. 933, p. 2567. Amended by Stats.1961, c. 1395, p. 3190, § 3; Stats.1961, c. 1958, p. 4129, § 4, operative Oct. 1, 1961; Stats.1968, c. 907, p. 1698, § 1; Stats.1971, c. 1002, p. 1918, § 1; Stats.1974, c. 627, p. 1474, § 2; Stats.1978, c. 297, p. 621, § 1; Stats.1982, c. 255, p. 831, § 1; Stats.1991, c. 1032 (A.B.1429), § 1; Stats.1995, c. 60 (S.B.42), § 34, eff. July 6, 1995; Stats.1997, c. 642 (A.B.839), § 18; Stats.1997, c. 759 (S.B.827), § 38; Stats.1998, c. 1070 (S.B.2003), § 1; Stats.2001, c. 167 (A.B.1583), § 1; Stats.2002, c. 131 (S.B.1263), § 2; Stats.2003, c. 62 (S.B.600), § 7; Stats.2004, c. 467 (S.B.1548), § 9; Stats.2009, c. 80 (A.B.107), § 7; Stats.2018, c. 703 (S.B.1491), § 28, eff. Jan. 1, 2019.)
§ 4848.1. Application for and issuance of university license to practice veterinary medicine
(a) A veterinarian engaged in the practice of veterinary medicine, as defined in Section 4826, employed by the University of California and engaged in the performance of duties in connection with the School of Veterinary Medicine or employed by the Western University of Health Sciences and engaged in the performance of duties in connection with the College of Veterinary Medicine shall be issued a university license pursuant to this section or hold a license to practice veterinary medicine in this state.
(b) An individual may apply for and be issued a university license if all of the following are satisfied:
(1) The applicant is currently employed by the University of California or Western University of Health Sciences, as defined in subdivision (a).
(2) The applicant passes an examination concerning the statutes and regulations of the Veterinary Medicine Practice Act, administered by the board, pursuant to subparagraph (C) of paragraph (2) of subdivision (a) of Section 4848.
(3) The applicant completes and submits the application specified by the board and pays the application and the initial license fee, pursuant to Section 4905.
(c) A university license:
(1) Shall automatically cease to be valid upon termination or cessation of employment by the University of California or by the Western University of Health Sciences.
(2) Shall be subject to the license renewal provisions in Section 4900 and the payment of the renewal fee pursuant to subdivision (g) of Section 4905.
(3) Shall be subject to denial, revocation, or suspension pursuant to Sections 480, 4875, and 4883.
(4) Authorizes the holder to practice veterinary medicine only at an educational institution described in subdivision (a) and any locations formally affiliated with those institutions.
(d) An individual who holds a university license is exempt from satisfying the license renewal requirements of Section 4846.5.
Credits
(Added by Stats.2016, c. 484 (S.B.1193), § 49, eff. Jan. 1, 2017. Amended by Stats.2021, c. 631 (A.B.1535), § 17, eff. Jan. 1, 2022.)
§ 4848.3. Temporary license; internship or residency program participants= § 4848.3. Repealed by Stats.2021, c. 631 (A.B.1535), § 18, eff. Jan. 1, 2022
Former text:
(a) The board shall issue a temporary license valid for one year to an applicant accepted into a qualifying internship or residency program that meets all of the following requirements:
(1) Program participants have either graduated from a veterinary college recognized by the board under Section 4846 or possess a certificate issued by the Educational Commission for Foreign Veterinary Graduates or the Program for the Assessment of Veterinary Education Equivalency, and hold a current valid license in good standing in another state, Canadian province, or United States territory.
(2) Program participants are under the direct supervision of a board-certified California-licensed veterinarian in good standing.
(3) Two or more board-certified specialists are on the staff of the veterinary practice.
(4) The program undergoes annual evaluation and is approved by one or more existing organizations officially recognized for that purpose by the board.
(b) The temporary license issued pursuant to this section shall only be valid for activities performed in the course of, and incidental to, a qualifying internship or residency program.
CREDIT(S)
(Added by Stats.1998, c. 1070 (S.B.2003), § 2. Amended by Stats.2009, c. 80 (A.B.107), § 8.)
§ 4848.5. Repealed by Stats.1997, c. 895 (A.B.460), § 1, operative Jan. 1, 2000
§ 4849. Time and scope of examination- § 4849. Repealed by Stats.2021, c. 631 (A.B.1535), § 19, eff. Jan. 1, 2022
Former text:
The state board examination shall be given at least twice each year. It shall include all the subjects that are ordinarily included in the curricula of veterinary colleges in good standing and may include any other subjects that the board may by rule authorize and direct.
CREDIT(S)
(Added by Stats.1937, c. 933, p. 2567. Amended by Stats.1957, c. 2084, p. 3703, § 11; Stats.1961, c. 1958, p. 4128, § 3; Stats.2009, c. 80 (A.B.107), § 9.)
Every person holding a license under this chapter shall conspicuously display the license in his or her principal place of business.
Every person holding a license under this chapter shall conspicuously display the license in his or her principal place of business.
CREDIT(S)
(Added by Stats.1937, c. 933, p. 2567. Amended by Stats.1997, c. 642 (A.B.839), § 19; Stats.2005, c. 621 (S.B.1111), § 80.)
§ 4851. Repealed by Stats.1937, c. 933, p. 2567
§ 4852. Mailing address change; notice
Every person holding a license issued under this chapter who changes his or her mailing address shall notify the board of his or her new mailing address within 30 days of the change. The board shall not renew the license of any person who fails to comply with this section unless the person pays the penalty fee prescribed in Section 4905. An applicant for the renewal of a license shall specify in his or her application whether he or she has changed his or her mailing address and the board may accept that statement as evidence of the fact.
CREDIT(S)
(Added by Stats.1955, c. 1885, p. 3483, § 4. Amended by Stats.1961, c. 1395, p. 3190, § 4, operative Oct. 1, 1961; Stats.1997, c. 642 (A.B.839), § 20.)
§ 4853. Premises; registration; certificate; form; definition; application; name of licensee manager; names of officers, directors, and shareholders; names of owners, officers, general partners, and agent for service of process
(a) All veterinary premises shall be registered with the board. The certificate of registration shall be on a form prescribed in accordance with Section 164.
(b) “Premises” for the purpose of this chapter shall mean the location of operation where veterinary medicine, veterinary dentistry, veterinary surgery, and the various branches thereof is being practiced and shall include a building, kennel, mobile unit, or vehicle. Mobile units and vehicles shall be exempted from independent registration with the board when they are operated from a building or facility which is the licensee manager's principal place of business and the building is registered with the board, and the registration identifies and declares the use of the mobile unit or vehicle.
(c) The owner or operator of a veterinary premises shall submit a premises registration application to the board. The application shall set forth the name of each owner or operator of the premises, including the type of corporate entity, if applicable, the name of the premises, and the name of the responsible licensee manager who is to act for and on behalf of the registered premises. Substitution of the responsible licensee manager may be accomplished by application to the board if the following conditions are met:
(1) The person substituted qualifies by presenting satisfactory evidence that the person 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) If the owner or operator of a veterinary premises is a veterinary corporation practicing pursuant to Article 6 (commencing with Section 4910), the application shall set forth the names and titles of each officer, director, or shareholder. Any changes in the officers, directors, or shareholders shall be reported to the board within 30 days.
(e) If the owner or operator of a veterinary premises is a corporation or other artificial legal entity other than a veterinary corporation as provided under subdivision (d), the application shall set forth the names and titles of all owners, officers, general partners, if any, and the agent for service of process. Any changes in the owners, officers, general partners, or agent for service of process shall be reported to the board within 30 days.
(f) The premises registration is nontransferable. In the event of change of an owner or operator of the premises, the premises registration holder shall notify the board of the change within 30 days after any such change.
(g) 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) 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 patient any veterinary services, 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 their 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.
Credits
(Added by Stats.1965, c. 1376, p. 3281, § 3. Amended by Stats.1971, c. 716, p. 1404, § 63; Stats.1978, c. 1314, p. 4301, § 3; Stats.1997, c. 642 (A.B.839), § 21; Stats.2021, c. 631 (A.B.1535), § 20, eff. Jan. 1, 2022.)
§ 4853.1. Form for registration of premises
Each application to register a premises pursuant to Section 4853 shall be made on a form provided by the board.
Credits
(Added by Stats.1988, c. 1007, § 3. Amended by Stats.2021, c. 631 (A.B.1535), § 21, eff. Jan. 1, 2022.)
§ 4853.5. Administrative adjudication of failure to keep premises and equipment in clean and sanitary condition; penalties
When it has been adjudicated in an administrative hearing that the licensee manager has failed to keep the premises and all equipment therein in a clean and sanitary condition as provided for in subdivision (h) of Section 4883, or is in violation of any of the provisions of Section 4854, the board may withhold, suspend, or revoke the registration of veterinary premises, or assess a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500) per day until such violation has been rectified, or by both such suspension and fine. The total amount of any fine assessed pursuant to this section shall not exceed five thousand dollars ($5,000).
CREDIT(S)
(Added by Stats.1978, c. 1314, p. 4301, § 4. Amended by Stats.1980, c. 471, p. 983, § 8.)
§ 4853.6. Withholding, suspension or revocation of registration; grounds
(a) The board shall deny, suspend, or revoke registration of a veterinary premises if any of the following occur:
(1) The licensee manager set forth in the application in accordance with Section 4853 ceases to become responsible for management of the registered premises and no substitution of the responsible licensee manager has been made by application as provided for in Section 4853.
(2) The premises registration holder or the licensee manager has, under proceedings conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, the license to practice veterinary medicine, surgery, and dentistry revoked or suspended.
(3) Unless licensed pursuant to Section 4825, the premises registration holder has practiced, influenced, or exerted control over the provision of veterinary medicine, veterinary dentistry, veterinary surgery, and the various branches thereof.
(b) The board shall not renew the premises registration if there is no licensee manager associated with the premises.
(c) The board may deny, suspend, or revoke registration of the veterinary premises for unlicensed practice of veterinary medicine, veterinary dentistry, veterinary surgery, and the various branches thereof by the premises registration holder.
Credits
(Added by Stats.1978, c. 1314, p. 4302, § 5. Amended by Stats.2021, c. 631 (A.B.1535), § 22, eff. Jan. 1, 2022.)
§ 4853.7. Premise registration; limitation on renewal; application for new premise registration
A premise registration that is not renewed within five years after its expiration may not be renewed and shall not be restored, reissued, or reinstated thereafter. However, an application for a new premise registration may be submitted and obtained if both of the following conditions are met:
(a) No fact, circumstance, or condition exists that, if the premise registration was issued, would justify its revocation or suspension.
(b) All of the fees that would be required for the initial premise registration are paid at the time of application.
Credits
(Added by Stats.2016, c. 484 (S.B.1193), § 50, eff. Jan. 1, 2017.)
§ 4854. Premises and equipment to be kept clean and sanitary and in conformance with minimum standards
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 board.
CREDIT(S)
(Added by Stats.1978, c. 1314, p. 4302, § 6.)
§ 4854.1. Non-licensed premises registration holders; interference with, control of, or direction of professional judgment of licensed veterinarian or registered veterinary technician prohibited
A premises registration holder who is not a California-licensed veterinarian pursuant to Section 4825 shall not interfere with, control, or otherwise direct the professional judgment of any California licensed veterinarian or registered veterinary technician. The board may require any information, including, but not limited to, employment contracts between the premises registration holder and a California-licensed veterinarian or registered veterinary technician, the board deems is reasonably necessary for the enforcement of this section.
Credits
(Added by Stats.2021, c. 631 (A.B.1535), § 23, eff. Jan. 1, 2022.)
§ 4854.5. Off-campus educational program sites; display of consumer notification
(a) Every off-campus educational program site shall display in a conspicuous place a consumer notification specifying that the veterinary facilities are also being used for diagnosis and treatment of animals by graduate students enrolled in a veterinary medicine program.
(b) Notwithstanding Section 4831, or any other provision of law, a violation of subdivision (a) shall not be a crime.
CREDIT(S)
(Added by Stats.2002, c. 131 (S.B.1263), § 3.)
§ 4855. Record of animals receiving veterinary services
A veterinarian subject to the provisions of this chapter shall, as required by regulation of the board, keep a written record of all animals receiving veterinary services, and provide a summary of that record to the owner of animals receiving veterinary services, when requested. The minimum amount of information which shall be included in written records and summaries shall be established by the board. The minimum duration of time for which a licensed premise shall retain the written record or a complete copy of the written record shall be determined by the board.
CREDIT(S)
(Added by Stats.1978, c. 1314, p. 4302, § 7.)
§ 4856. Records, equipment and drugs open to inspection
(a) All records required by law to be kept by a veterinarian subject to this chapter, including, but not limited to, records pertaining to diagnosis and treatment of animals and records pertaining to drugs or devices for use on animals, shall be open to inspection by the board, or its authorized representatives, during an inspection as part of a regular inspection program by the board, or during an investigation initiated in response to a complaint that a licensee has violated any law or regulation that constitutes grounds for disciplinary action by the board. A copy of all those records shall be provided to the board immediately upon request.
(b) Equipment and drugs on the premises, or any other place, where veterinary medicine, veterinary dentistry, veterinary surgery, or the various branches thereof is being practiced, or otherwise in the possession of a veterinarian for purposes of that practice, shall be open to inspection by the board, or its authorized representatives, during an inspection as part of a regular inspection program by the board, or during an investigation initiated in response to a complaint that a licensee has violated any law or regulation that constitutes grounds for disciplinary action by the board.
CREDIT(S)
(Added by Stats.1991, c. 1032 (A.B.1429), § 2. Amended by Stats.1997, c. 642 (A.B.839), § 22.)
§ 4857. Disclosure of information on animals, clients, and care
<Section operative Jan. 1, 2023. See, also, § 4857 operative until Jan. 1, 2023.>
(a) A veterinarian licensed under this chapter shall not disclose any information concerning an animal receiving veterinary services, the client responsible for the animal receiving veterinary services, or the veterinary care provided to an animal, except under any one of the following circumstances:
(1) Upon written or witnessed oral authorization by knowing and informed consent of the client responsible for the animal receiving services or an authorized agent of the client.
(2) Upon authorization received by electronic transmission when originated by the client responsible for the animal receiving services or an authorized agent of the client.
(3) In response to a valid court order or subpoena.
(4) As may be required to ensure compliance with any federal, state, county, or city law or regulation, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(5) Nothing in this section is intended to prevent the sharing of veterinary medical information between veterinarians or facilities for the purpose of diagnosis or treatment of the animal that is the subject of the medical records.
(6) If the care or service was for a horse that has participated in the previous year, or is intended to participate, in a licensed horse race. In these situations, the entire medical record for the horse shall be made available upon request to anyone responsible for the direct medical care of the horse, including the owner, trainer, or veterinarian, the California Horse Racing Board or any other state or local governmental entity, and the racing association or fair conducting the licensed horse race.
(7) As otherwise provided in this section.
(b) This section shall not apply to the extent that the client responsible for an animal or an authorized agent of the client responsible for the animal has filed or caused to be filed a civil or criminal complaint that places the veterinarian's care and treatment of the animal or the nature and extent of the injuries to the animal at issue, or when the veterinarian is acting to comply with federal, state, county, or city laws or regulations.
(c) A veterinarian shall be subject to the criminal penalties set forth in Section 4831 or any other provision of this code for a violation of this section. In addition, any veterinarian who negligently releases confidential information shall be liable in a civil action for any damages caused by the release of that information.
(d) Nothing in this section is intended to prevent the sharing of veterinary medical information between veterinarians and peace officers, humane society officers, or animal control officers who are acting to protect the welfare of animals.
Credits
(Added by Stats.1999, c. 418 (S.B.490), § 1. Amended by Stats.2009, c. 308 (S.B.819), § 61; Stats.2020, c. 252 (S.B.800), § 1, eff. Jan. 1, 2021; Stats.2021, c. 615 (A.B.474), § 8, eff. Jan. 1, 2022, operative Jan. 1, 2023.)
Article 3.5. Diversion Evaluation Committees
It is the intent of the Legislature that the Veterinary Medical Board seek ways and means to identify and rehabilitate veterinarians and registered veterinary technicians with impairment due to abuse of dangerous drugs or alcohol, affecting competency so that veterinarians and registered veterinary technicians so afflicted may be treated and returned to the practice of veterinary medicine in a manner that will not endanger the public health and safety.
CREDIT(S)
(Added by Stats.1982, c. 870, p. 3229, § 1. Amended by Stats.1995, c. 60 (S.B.42), § 35, eff. July 6, 1995.)
§ 4861. Authorization of committees; composition; qualifications and appointments; suspension of committee members
(a) One or more wellness evaluation committees is hereby authorized to be established by the board. Each wellness evaluation committee shall be composed of five persons appointed by the board.
(b) Each wellness evaluation committee shall have the following composition:
(1) Three veterinarians licensed under this chapter. The board in making its appointments shall give consideration to recommendations of veterinary associations and local veterinary societies and shall consider, among others, where appropriate, the appointment of veterinarians who have recovered from impairment or who have knowledge and expertise in the management of impairment.
(2) Two public members.
(c) Each person appointed to a wellness evaluation committee shall have experience or knowledge in the evaluation or management of persons who are impaired due to alcohol or drug abuse.
(d) It shall require the majority vote of the board to appoint a person to a wellness evaluation committee. Each appointment shall be at the pleasure of the board for a term not to exceed four years. In its discretion the board may stagger the terms of the initial members appointed.
(e) The board president may suspend any wellness evaluation committee member pending an investigation into allegations of existing alcohol or drug addiction. If, after investigation, there is evidence of an alcohol or drug addiction relapse, the board president shall have authorized discretion to remove the member without input from the board.
(f) The board may appoint a program director and other personnel as necessary to carry out this article.
Credits
(Added by Stats.1982, c. 870, p. 3229, § 1. Amended by Stats.2021, c. 631 (A.B.1535), § 25, eff. Jan. 1, 2022.)
Each member of a wellness evaluation committee shall receive per diem and expenses as provided in Section 103.
Credits
(Added by Stats.1982, c. 870, p. 3230, § 1. Amended by Stats.2021, c. 631 (A.B.1535), § 26, eff. Jan. 1, 2022.)
Three members of a wellness evaluation committee shall constitute a quorum for the transaction of business at any meeting. Any action requires the majority vote of the wellness evaluation committee.
Credits
(Added by Stats.1982, c. 870, p. 3230, § 1. Amended by Stats.2021, c. 631 (A.B.1535), § 27, eff. Jan. 1, 2022.)
§ 4864. Chairperson; vice chairperson
Each wellness evaluation committee shall elect from its membership a chairperson and a vice chairperson.
Credits
(Added by Stats.1982, c. 870, p. 3230, § 1. Amended by Stats.2021, c. 631 (A.B.1535), § 28, eff. Jan. 1, 2022.)
§ 4865. Administration of article
The board shall administer the provisions of this article.
CREDIT(S)
(Added by Stats.1982, c. 870, p. 3230, § 1.)
§ 4866. Inclusion of persons in program and examiners; criteria; number of participants
(a) The board shall establish criteria for the acceptance, denial, or termination of veterinarians and registered veterinary technicians in a wellness program. Only those veterinarians and registered veterinary technicians who have voluntarily requested wellness treatment and supervision by a wellness evaluation committee shall participate in a program.
(b) The board shall establish criteria for the selection of administrative physicians who shall examine veterinarians and registered veterinary technicians requesting wellness under a program. Any reports made under this article by the administrative physician shall constitute an exception to Sections 994 and 995 of the Evidence Code.
(c) The wellness program may accept no more than 100 participants who are licensees of the board.
Credits
(Added by Stats.1982, c. 870, p. 3230, § 1. Amended by Stats.1986, c. 776, § 1; Stats.2004, c. 193 (S.B.111), § 3; Stats.2008, c. 529 (S.B.1584), § 6; Stats.2021, c. 631 (A.B.1535), § 29, eff. Jan. 1, 2022.)
§ 4867. Information supplied to program applicants
The wellness evaluation committee shall inform each veterinarian and registered veterinary technician who requests participation in a program of the procedures followed in the program, of the rights and responsibilities of the veterinarian and registered veterinary technician in the program, and of the possible results of noncompliance with the program.
Credits
(Added by Stats.1982, c. 870, p. 3230, § 1. Amended by Stats.2008, c. 529 (S.B.1584), § 7; Stats.2021, c. 631 (A.B.1535), § 30, eff. Jan. 1, 2022.)
Each wellness evaluation committee shall have the following duties and responsibilities:
(a) To evaluate those veterinarians and registered veterinary technicians who request participation in the program according to the guidelines prescribed by the board and to consider the recommendation of the administrative physician on the admission of the veterinarian or registered veterinary technician to the wellness program.
(b) To review and designate those treatment facilities to which veterinarians and registered veterinary technicians in a wellness program may be referred.
(c) To receive and review information concerning veterinarians and registered veterinary technicians participating in the program.
(d) To call meetings as necessary to consider the requests of veterinarians and registered veterinary technicians to participate in a wellness program, and to consider reports regarding veterinarians and registered veterinary technicians participating in a program from an administrative physician, or from others.
(e) To consider in the case of each veterinarian and registered veterinary technician participating in a program whether they may with safety continue or resume the practice of veterinary medicine or the assisting in the practice of veterinary medicine.
(f) To set forth in writing for each veterinarian and registered veterinary technician participating in a program a treatment program established for each such veterinarian and registered veterinary technician with the requirements for supervision and surveillance.
(g) To hold a general meeting at least twice a year, which shall be open and public, to evaluate the program's progress, to review data as required in reports to the board, to prepare reports to be submitted to the board, and to suggest proposals for changes in the wellness program.
Credits
(Added by Stats.1982, c. 870, p. 3230, § 1. Amended by Stats.2008, c. 529 (S.B.1584), § 8; Stats.2021, c. 631 (A.B.1535), § 31, eff. Jan. 1, 2022.)
§ 4869. Closed sessions of committees
Notwithstanding Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, relating to public meetings, a wellness evaluation committee may convene in closed session to consider reports pertaining to any veterinarian or registered veterinary technician requesting or participating in a wellness program. A wellness evaluation committee shall only convene in closed session to the extent that it is necessary to protect the privacy of a veterinarian or registered veterinary technician.
Credits
(Added by Stats.1982, c. 870, p. 3231, § 1. Amended by Stats.1993, c. 589 (A.B.2211), § 9; Stats.2008, c. 529 (S.B.1584), § 9; Stats.2021, c. 631 (A.B.1535), § 32, eff. Jan. 1, 2022.)
§ 4870. Agreements of participants to cooperate with treatment program
Each veterinarian and registered veterinary technician who requests participation in a wellness program shall agree to cooperate with the treatment program designed by a wellness evaluation committee. Any failure to comply with the provisions of a treatment program may result in termination of the veterinarian's or registered veterinary technician's participation in a program.
Credits
(Added by Stats.1982, c. 870, p. 3231, § 1. Amended by Stats.2008, c. 529 (S.B.1584), § 10; Stats.2021, c. 631 (A.B.1535), § 33, eff. Jan. 1, 2022.)
§ 4871. Records; destruction and confidentiality
(a) After a wellness evaluation committee in its discretion has determined that a veterinarian or registered veterinary technician has been rehabilitated and the wellness program is completed, the wellness evaluation committee shall purge and destroy all records pertaining to the veterinarian's or registered veterinary technician's participation in a wellness program.
(b) All board and wellness evaluation committee records and records of proceedings pertaining to the treatment of a veterinarian or registered veterinary technician in a program shall be kept confidential and are not subject to discovery or subpoena.
Credits
(Added by Stats.1982, c. 870, p. 3231, § 1. Amended by Stats.2008, c. 529 (S.B.1584), § 11; Stats.2021, c. 631 (A.B.1535), § 34, eff. Jan. 1, 2022.)
The board shall provide for the representation of any persons making reports to a wellness evaluation committee or the board under this article in any action for defamation.
Credits
(Added by Stats.1982, c. 870, p. 3232, § 1. Amended by Stats.2021, c. 631 (A.B.1535), § 35, eff. Jan. 1, 2022.)
§ 4873. Program registration and administrative fees
The board shall charge each veterinarian and registered veterinary technician who is accepted to participate in the wellness program a wellness program registration fee and reasonable administrative fees.
Credits
(Added by Stats.1982, c. 870, p. 3232, § 1. Amended by Stats.2008, c. 529 (S.B.1584), § 13; Stats.2021, c. 631 (A.B.1535), § 36, eff. Jan. 1, 2022.)
Article 4. Revocation and Suspension
§ 4875. Authority; fines; proceedings
The board may revoke or suspend for a certain time the license or registration of any person to practice veterinary medicine or any branch thereof in this state after notice and hearing for any of the causes provided in this article. In addition to its authority to suspend or revoke a license or registration, the board shall have the authority to assess a fine not in excess of five thousand dollars ($5,000) against a licensee or registrant for any of the causes specified in Section 4883. A fine may be assessed in lieu of or in addition to a suspension or revocation. The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein. Notwithstanding the provisions of Section 4903, all fines collected pursuant to this section shall be deposited to the credit of the Veterinary Medical Board Contingent Fund.
CREDIT(S)
(Added by Stats.1937, c. 933, p. 2567. Amended by Stats.1945, c. 890, p. 1656, § 1; Stats.1955, c. 1885, p. 3483, § 5; Stats.1978, c. 1355, p. 4503, § 3; Stats.1995, c. 60 (S.B.42), § 36, eff. July 6, 1995; Stats.2009, c. 80 (A.B.107), § 10.)
§ 4875.1. Investigation and prosecution; priority
(a) In order to ensure that its resources are maximized for the protection of the public, the board shall prioritize its investigative and prosecutorial resources to ensure that veterinarians and registered veterinary technicians representing the greatest threat of harm are identified and disciplined expeditiously. Cases involving any of the following allegations shall be handled on a priority basis, as follows, with the highest priority being given to cases in paragraph (1):
(1) Negligence or incompetence that involves death or serious bodily injury to an animal patient, such that the veterinarian or registered veterinary technician represents a danger to the public.
(2) Cruelty to animals.
(3) A conviction or convictions for a criminal charge or charges or being subject to a felony criminal proceeding without consideration of the outcome of the proceeding.
(4) Practicing veterinary medicine while under the influence of drugs or alcohol.
(5) Drug or alcohol abuse by a veterinarian or registered veterinary technician involving death or serious bodily injury to an animal patient or to the public.
(6) Self-prescribing of any dangerous drug, as defined in Section 4022, or any controlled substance, as defined in Section 4021.
(7) Repeated acts of excessive prescribing, furnishing, or administering of controlled substances, as defined in Section 4021, or repeated acts of prescribing, dispensing, or furnishing of controlled substances, as defined in Section 4021, without having first established a veterinarian-client-patient relationship pursuant to Section 2032.1 of Title 16 of the California Code of Regulations.
(8) Extreme departures from minimum sanitary conditions such that there is a threat to an animal patient or the public and animal health and safety, only if the case has already been subject to Section 494 and board action.
(b) The board may prioritize cases involving an allegation of conduct that is not described in subdivision (a). Those cases prioritized shall not be assigned a priority equal to or higher than the priorities established in subdivision (a).
(c) The board shall annually report and make publicly available the number of disciplinary actions that are taken in each priority category specified in subdivisions (a) and (b).
CREDIT(S)
(Added by Stats.2008, c. 529 (S.B.1584), § 12.)
§ 4875.2. Citations for violations; service of process; review and investigation; findings
If, upon completion of an investigation, the executive officer has probable cause to believe that a veterinarian, a registered veterinary technician, or an unlicensed person has violated provisions of this chapter, the executive officer may issue a citation to the veterinarian, registered veterinary technician, or unlicensed person, in accordance with Sections 125.9 and 148 and the board's regulations established pursuant thereto.
Credits
(Added by Stats.1986, c. 240, § 1. Amended by Stats.2009, c. 80 (A.B.107), § 11; Stats.2021, c. 631 (A.B.1535), § 37, eff. Jan. 1, 2022.)
§ 4875.3. Inspection of premises; notice of deficiencies; interim suspension order
(a) If the board determines, as a result of its inspection of the premises pursuant to Section 4809.5, or any other place where veterinary medicine, veterinary dentistry, veterinary surgery, or the various branches thereof is practiced, or that is otherwise in the possession of a veterinarian for purpose of that practice, that it is not in compliance with the standards established by the board, the board shall provide a notice of any deficiencies and provide a reasonable time for compliance with those standards prior to commencing any further action pursuant to this article. The board may issue an interim suspension order pursuant to Section 494 in those cases where the violations represent an immediate threat to the public and animal health and safety.
(b) A veterinarian who reviews and investigates an alleged violation pursuant to Section 4875.2 shall be licensed in or employed by the state either full time or part time and shall not have been out of practice for more than four years.
CREDIT(S)
(Added by Stats.2008, c. 529 (S.B.1584), § 14.)
§ 4875.4. Civil penalties; adoption of regulations
(a) The board shall, in the manner prescribed in Section 4808, adopt regulations covering the assessment of civil penalties under this article which give due consideration to the appropriateness of the penalty with respect to the following factors:
(1) The gravity of the violation, including, but not limited to, whether the violation is minor.
(2) The good faith of the person being charged.
(3) The history of previous violations.
(b) In no event shall the civil penalty for each citation issued be assessed in an amount greater than five thousand dollars ($5,000).
(c) Regulations adopted by the board shall be pursuant to the procedures for citations and fines in accordance with Section 125.9.
CREDIT(S)
(Added by Stats.1986, c. 240, § 2. Amended by Stats.2004, c. 467 (S.B.1548), § 10; Stats.2008, c. 529 (S.B.1584), § 15.)
§ 4875.6. Informal conference contesting citation; deadline; affirmance, modification, or dismissal of citation; request for formal hearing
(a) In addition to requesting an administrative hearing as provided for in paragraph (4) of subdivision (b) of Section 125.9, the cited person may request an informal conference to review the acts shared in the citation. The cited person shall make the request for an informal conference in writing, within 30 days of the date of issuance of the citation, to the executive officer.
(b) The executive officer or their designee shall hold, within 60 days from the receipt of the request, an informal conference with the cited person. The executive officer or their designee may extend the 60-day period for good cause.
(c) Following the informal conference, the executive officer or their designee may affirm, modify, or dismiss the citation, including any fine that is levied, order of abatement, or order of correction issued. The executive officer or their designee shall state in writing the reasons for the action and transmit a copy of those findings to the cited person within 30 days after the informal conference.
(d) If the citation, including any fine that is levied, order of abatement, or order of correction, is affirmed or modified following the informal conference, the respondent may make a request in writing to the executive officer within 30 days of the affirmed or modified citation, for a formal hearing, which shall be conducted as provided in paragraph (4) of subdivision (b) of Section 125.9.
(e) A cited person shall not request an informal conference for a citation that has been affirmed or modified following an informal conference.
Credits
(Added by Stats.2021, c. 631 (A.B.1535), § 39, eff. Jan. 1, 2022.)
§ 4876. Probation of licensee or registrant; authorized discipline
In addition to its authority to suspend or revoke a license or registration, or assess a fine on a person licensed or registered under this chapter, the board shall have the authority to place a licensee or registrant on probation. The authority of the board to discipline by placing the licensee or registrant on probation shall include, but is not limited to, the following:
(a) Requiring the licensee or registrant to complete a course of study or service, or both, as prescribed by the board, and to demonstrate renewed competence to the satisfaction of the board.
(b) Requiring the licensee or registrant to submit to a complete diagnostic examination by one or more physicians appointed by the board. If the board requires a licensee or registrant to submit to that examination, the board shall receive and consider any other report of a complete diagnostic examination given by one or more physicians of the licensee's or registrant's choice.
(c) Restricting or limiting the extent, scope, or type of practice of the licensee or registrant.
CREDIT(S)
(Added by Stats.1978, c. 1355, p. 4504, § 4. Amended by Stats.2009, c. 80 (A.B.107), § 13.)
§§ 4877 to 4880. Repealed by Stats.1945, c. 890, p. 1656, § 2
§ 4881. Entry on register; record as evidence
The executive officer in all cases of suspension, revocation, or restriction of licenses or assessment of fines shall enter on the register the fact of suspension, revocation, restriction, or fine, as the case may be. The record of any suspension, revocation, restriction, or fine so made by the county clerks shall be prima facie evidence of the fact thereof, and of the regularity of all the proceedings of the board in the matter of the suspension, revocation, restriction, or fine.
CREDIT(S)
(Added by Stats.1937, c. 933, p. 2567. Amended by Stats.1978, c. 1355, p. 4504, § 5; Stats.1984, c. 47, § 36, eff. March 21, 1984.)
§ 4882. Repealed by Stats.1978, c. 1355, p. 4504, § 6
The board may deny, revoke, or suspend a license or registration or assess a fine as provided in Section 4875 for any of the following:
(a) Conviction of a crime substantially related to the qualifications, functions, or duties of veterinary medicine, surgery, or dentistry, in which case the record of the conviction shall be conclusive evidence.
(b) For having professional connection with, or lending the licensee's or registrant's name to, any illegal practitioner of veterinary medicine and the various branches thereof.
(c) Violation or attempting to violate, directly or indirectly, any of the provisions of this chapter.
(d) Fraud or dishonesty in applying, treating, or reporting on tuberculin or other biological tests.
(e) Employment of anyone but a veterinarian licensed in the state to demonstrate the use of biologics in the treatment of animals.
(f) False or misleading advertising.
(g) Unprofessional conduct, that includes, but is not limited to, the following:
(1) Conviction of a charge of violating any federal statutes or rules or any statute or rule of this state regulating dangerous drugs or controlled substances. The record of the conviction is conclusive evidence thereof. A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this section. The board may order the license or registration to be suspended or revoked, or assess a fine, or decline to issue a license or registration, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4, 1210.1, or 3063.1 of the Penal Code allowing the person to withdraw a plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(2)(A) The use of, or prescribing for or administering to oneself, any controlled substance.
(B) The use of any of the dangerous drugs specified in Section 4022, or of alcoholic beverages to the extent, or in any manner as to be dangerous or injurious to a person licensed or registered under this chapter, or to any other person or to the public, or to the extent that the use impairs the ability of the person so licensed or registered to conduct with safety the practice authorized by the license or registration.
(C) The conviction of more than one misdemeanor or any felony involving the use, consumption, or self-administration of any of the substances referred to in this section or any combination thereof, and the record of the conviction is conclusive evidence.
A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this section. The board may order the license or registration to be suspended or revoked or assess a fine, or may decline to issue a license or registration, when the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending imposition of sentence, irrespective of a subsequent order under Section 1203.4, 1210.1, or 3063.1 of the Penal Code allowing the person to withdraw a plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(3) A violation of any federal statute, rule, or regulation or any of the statutes, rules, or regulations of this state regulating dangerous drugs or controlled substances.
(h) Failure to keep the licensee's or registrant's premises and all equipment therein in a clean and sanitary condition.
(i) Fraud, deception, negligence, or incompetence in the practice of veterinary medicine.
(j) Aiding or abetting in any acts that are in violation of any of the provisions of this chapter.
(k) The employment of fraud, misrepresentation, or deception in obtaining the license or registration.
(l) The revocation, suspension, or other discipline by another state or territory of a license, certificate, or registration to practice veterinary medicine or as a veterinary technician in that state or territory.
(m) Cruelty to animals, conviction on a charge of cruelty to animals, or both.
(n) Disciplinary action taken by any public agency in any state or territory for any act substantially related to the practice of veterinary medicine or the practice of a veterinary technician.
(o) Violation, or the assisting or abetting violation, of any regulations adopted by the board pursuant to this chapter.
(p) Accepting, soliciting, or offering any form of remuneration from or to a cannabis licensee if the veterinarian or the veterinarian's immediate family have a financial interest with the cannabis licensee.
For purposes of this subdivision, the following definitions shall apply:
(1) “Cannabis licensee” shall have the same meaning as “licensee” in Section 26001.
(2) “Financial interest” shall have the same meaning as in Section 650.01.
(q) Discussing or recommending cannabis for use with a client while the veterinarian is employed by, or has an agreement with, a cannabis licensee. For purposes of this subdivision, “cannabis licensee” shall have the same meaning as “licensee” in Section 26001.
(r) Distributing any form of advertising for cannabis in California.
(s) Making any statement, claim, or advertisement that the licensee or registrant is a veterinary specialist or board certified unless they are certified by an American Veterinary Medical Association-Recognized Veterinary Specialty Organization or a National Association of Veterinary Technicians in America-Recognized Veterinary Specialty Organization.
(t) Exercising control over, interfering with, or attempting to influence the professional judgment of another California-licensed veterinarian or registered veterinary technician through coercion, extortion, inducement, collusion, or intimidation through any means, including, but not limited to, compensation, in order to require the other California-licensed veterinarian or registered veterinary technician to perform veterinary services in a manner inconsistent with current veterinary medical practice in this state.
Credits
(Added by Stats.1978, c. 1355, p. 4504, § 7. Amended by Stats.1984, c. 1635, § 19; Stats.1991, c. 1032 (A.B.1429), § 3; Stats.1995, c. 60 (S.B.42), § 38, eff. July 6, 1995; Stats.1997, c. 642 (A.B.839), § 23; Stats.2001, c. 306 (A.B.446), § 5; Stats.2009, c. 80 (A.B.107), § 14; Stats.2018, c. 819 (A.B.2215), § 1, eff. Jan. 1, 2019; Stats.2021, c. 631 (A.B.1535), § 40, eff. Jan. 1, 2022; Stats.2022, c. 389 (A.B.1885), § 1, eff. Jan. 1, 2023; Stats.2022, c. 511 (S.B.1495), § 26.1, eff. Jan. 1, 2023.)
§ 4884. Prohibition on administering cannabis to animal patients; professional discipline; adoption of guidelines for discussing or recommending cannabis
(a) A licensee shall not dispense or administer cannabis or cannabis products to an animal patient.
(b) Notwithstanding any other law and absent negligence or incompetence, a veterinarian licensed under this chapter shall not be disciplined by the board or have their license denied, revoked, or suspended solely for discussing or recommending the use of cannabis on an animal for potential therapeutic effect or health supplementation purposes.
(c) On or before January 1, 2020, the board shall adopt guidelines for veterinarians to follow when discussing cannabis within the veterinarian-client-patient relationship. The board shall post the guidelines on its internet website.
(d) By January 1, 2024, the board shall adopt guidelines for veterinarians to follow when recommending cannabis within the veterinarian-client-patient relationship. The board shall post the guidelines on its internet website.
Credits
(Added by Stats.2018, c. 819 (A.B.2215), § 2, eff. Jan. 1, 2019. Amended by Stats.2022, c. 389 (A.B.1885), § 2, eff. Jan. 1, 2023.)
§ 4885. "Conviction" defined; time of action by board
A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge of a felony or of any offense related to the practice of veterinary medicine or the practice of a veterinary technician is deemed to be a conviction within the meaning of this article. The board may order the license or registration to be suspended or revoked, or assess a fine as provided in Section 4883 or may decline to issue a license or registration, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4, 1210.1, or 3063.1 of the Penal Code allowing that person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
CREDIT(S)
(Formerly § 4883, added by Stats.1955, c. 1885, p. 3483, § 6. Amended by Stats.1978, c. 1161, p. 3585, § 276. Renumbered § 4885 and amended by Stats.1978, c. 1355, p. 4506, § 8. Amended by Stats.1980, c. 471, p. 984, § 9; Stats.2009, c. 80 (A.B.107), § 15.)
§ 4886. Reinstatement; terms and conditions
In reinstating a license or registration that has been revoked or suspended under Section 4883, the board may impose terms and conditions to be followed by the licensee or registrant after the license or registration has been reinstated. The authority of the board to impose terms and conditions includes, but is not limited to, the following:
(a) Requiring the licensee or registrant to obtain additional professional training and to pass an examination upon completion of the training.
(b) Requiring the licensee or registrant to pass an oral, written, practical, or clinical examination, or any combination thereof to determine his or her present fitness to engage in the practice of veterinary medicine or to practice as a veterinary technician.
(c) Requiring the licensee or registrant to submit to a complete diagnostic examination by one or more physicians appointed by the board. If the board requires the licensee or registrant to submit to that examination, the board shall receive and consider any other report of a complete diagnostic examination given by one or more physicians of the licensee's or registrant's choice.
(d) Restricting or limiting the extent, scope, or type of practice of the licensee or registrant.
CREDIT(S)
(Added by Stats.1983, c. 867, § 1. Amended by Stats.2009, c. 80 (A.B.107), § 16.)
§ 4887. Petitions; reinstatement or modification of penalty; hearing
(a)(1) A person whose license or registration has been revoked or who has been placed on probation may petition the board for reinstatement or modification of penalty including modification or termination of probation after the period as described below in subparagraphs (A) to (C), inclusive, has elapsed from the effective date of the decision ordering the disciplinary action. The petition shall state facts as required by the board. The period shall be as follows:
(A) At least three years for reinstatement of a surrendered or revoked license.
(B) At least two years for early termination or modification of probation of three years or more.
(C) At least one year for modification of a condition or termination of probation of less than three years.
(2) Notwithstanding paragraph (1), the board may, upon a showing of good cause, specify in a revocation order, a surrender order, or an order imposing probation of more than three years that the person may petition the board for reinstatement or modification or termination of probation after one year.
(b) The petition shall be accompanied by at least two verified recommendations from veterinarians licensed by the board who have personal knowledge of the activities of the petitioner since the disciplinary penalty was imposed. The petition shall be heard by the board. The board may consider all activities of the petitioner since the disciplinary action was taken, the offense for which the petitioner was disciplined, the petitioner's activities since the license or registration was in good standing, and the petitioner's rehabilitation efforts, general reputation for truth, and professional ability. The hearing may be continued from time to time as the board finds necessary.
(c) The board reinstating the license or registration or modifying a penalty may impose terms and conditions as it determines necessary. To reinstate a revoked license or registration or to otherwise reduce a penalty or modify probation shall require a vote of five of the members of the board.
(d) The petition shall not be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole. The board may deny without a hearing or argument any petition filed pursuant to this section within a period of two years from the effective date of the prior decision following a hearing under this section.
Credits
(Added by Stats.1983, c. 867, § 2. Amended by Stats.2009, c. 80 (A.B.107), § 17; Stats.2010, c. 538 (A.B.1980), § 20; Stats.2015, c. 426 (S.B.800), § 35, eff. Jan. 1, 2016; Stats.2017, c. 429 (S.B.547), § 12, eff. Jan. 1, 2018.)
§§ 4890 to 4897. Repealed by Stats.1937, c. 933, p. 2567
Article 5. Revenue
§ 4900. Expiration of licenses or registrations; renewal of unexpired license or registration; disclosure of electronic mail address
(a) All veterinary licenses, veterinary technician registrations, and veterinary assistant controlled substance permits, shall expire at 12 midnight of the last day of the month in which the license was issued during the second year of a two-year term if not renewed.
(b) All premises registrations shall expire annually at 12 midnight of the last day of the month in which the license was issued, unless renewed.
(c) To renew an unexpired license, registration, or permit, the licensee, registrant, or permitholder shall, on or before the date of expiration of the license or registration, apply for renewal on a form provided by the board, accompanied by the prescribed renewal fee. The renewal application shall contain a statement to the effect that the applicant has not been convicted of a felony or misdemeanor, has not been the subject of professional disciplinary action taken by any public agency in California or any other state or territory, and has not violated any of the provisions of this chapter. If the applicant is unable to make that statement, the application shall contain a statement of the conviction, professional discipline, or violation.
(d) Each licensee, registrant, and permitholder who has an electronic mail address shall report to the board that electronic mail address during the time of renewal and confirm that the electronic mail address and address of record is current and valid. The electronic mail address shall be considered confidential and not subject to public disclosure.
Credits
(Added by Stats.1985, c. 612, § 4. Amended by Stats.2009, c. 80 (A.B.107), § 18; Stats.2021, c. 631 (A.B.1535), § 41, eff. Jan. 1, 2022.)
§ 4901. Renewal of expired license or registration; application; fee; effective date of renewal
Except as otherwise provided in this chapter, an expired license or registration may be renewed at any time within five years after its expiration on filing of an application for renewal on a form prescribed by the board, and payment of all accrued and unpaid renewal fees. If the license or registration is renewed more than 30 days after its expiration, the licensee or registrant, as a condition precedent to renewal, shall also pay the delinquency fee prescribed by this chapter. Renewal under this section shall be effective on the date on which the application is filed, on the date on which all renewal fees are paid, or on the date on which the delinquency fee, if any, is paid, whichever last occurs. If so renewed, the license or registration shall continue in effect through the expiration date provided in Section 4900 that next occurs after the effective date of the renewal, when it shall expire if it is not again renewed.
CREDIT(S)
(Added by Stats.1937, c. 933, p. 2567. Amended by Stats.1955, c. 1885, p. 3484, § 7; Stats.1961, c. 1395, p. 3190, § 6, operative Oct. 1, 1961; Stats.1978, c. 1161, p. 3677, § 278; Stats.2001, c. 306 (A.B.446), § 6; Stats.2009, c. 80 (A.B.107), § 19.)
§ 4901.1. Expiration of suspended license or registration; renewal
A license or registration that is suspended is subject to expiration, and shall be renewed as provided in this chapter, but that renewal does not entitle the licensee or registrant, while the license or registration remains suspended and until it is reinstated, to engage in the licensed or registered activity, or in any other activity in violation of the order or judgment by which the license or registration was suspended.
CREDIT(S)
(Added by Stats.1961, c. 1395, p. 3191, § 7, operative Oct. 1, 1961. Amended by Stats.1978, c. 1161, p. 3678, § 279; Stats.2009, c. 80 (A.B.107), § 20.)
§ 4901.2. Expiration of revoked license or registration; renewal; reinstatement
A revoked license or registration is subject to expiration as provided in this article, but it may not be renewed. If it is reinstated after its expiration, the licensee or registrant, as a condition precedent to reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date before the date on which it is reinstated plus the delinquency fee, if any, accrued at the time of its revocation.
CREDIT(S)
(Added by Stats.1961, c. 1395, p. 3191, § 8, operative Oct. 1, 1961. Amended by Stats.2009, c. 80 (A.B.107), § 21.)
§ 4902. Failure to renew license within five years; issuance of new license; conditions
A person who fails to renew his license within five years after its expiration may not renew it, and it shall not be restored, reissued, or reinstated thereafter, but such person may apply for and obtain a new license if:
(a) He is not subject to denial of licensure under Section 480.
(b) He takes and passes the examination, if any, which would be required of him if he were then applying for a license for the first time, or otherwise establishes to the satisfaction of the board that, with due regard for the public interest, he is qualified to practice veterinary medicine, and
(c) He pays all of the fees that would be required of him if he were then applying for the license for the first time.
The board may, by regulation, provide for the waiver or refund of all or any part of the examination fee in those cases in which a license is issued without an examination pursuant to the provisions of this section.
CREDIT(S)
(Added by Stats.1937, c. 933, p. 2567. Amended by Stats.1955, c. 1885, p. 3484, § 8; Stats.1961, c. 1395, p. 3191, § 9, operative Oct. 1, 1961; Stats.1978, c. 1161, p. 3678, § 280.)
§ 4903. Disposition of fines and forfeitures
Of all fines or forfeitures of bail in any case wherein any person is charged with a violation of any of the provisions of this act, 50 percent shall be paid upon collection by the proper officer of the court to the State Treasurer, to be deposited to the credit of the Veterinary Medical Board Contingent Fund. The other 50 percent shall be paid as provided by law, for the payment of fines or forfeitures of bail in misdemeanor cases.
CREDIT(S)
(Added by Stats.1937, c. 933, p. 2567. Amended by Stats.1995, c. 60 (S.B.42), § 39, eff. July 6, 1995.)
§ 4904. Report and disposition of fees and receipts; contingent fund
All fees collected on behalf of the board and all receipts of every kind and nature shall be reported each month for the month preceding to the Controller and at the same time the entire amount shall be paid into the State Treasury and shall be credited to the Veterinary Medical Board Contingent Fund. This contingent fund shall be available, upon appropriation by the Legislature, for the use of the Veterinary Medical Board.
Credits
(Added by Stats.1937, c. 933, p. 2567. Amended by Stats.1995, c. 60 (S.B.42), § 40, eff. July 6, 1995; Stats.2016, c. 484 (S.B.1193), § 51, eff. Jan. 1, 2017.)
The following fees shall be collected by the board and shall be credited to the Veterinary Medical Board Contingent Fund:
(a) The veterinarian license application fee shall be three hundred fifty dollars ($350).
(b) The Veterinary Medicine Practice Act course fee shall be set by the board in an amount it determines reasonably necessary to provide sufficient funds to carry out the purpose of this chapter, not to exceed one hundred dollars ($100).
(c) The initial veterinarian license fee shall be set by the board not to exceed five hundred dollars ($500).
(d) The biennial veterinarian license renewal fee shall be five hundred dollars ($500).
(e) The university licensee application fee shall be three hundred fifty dollars ($350).
(f) The initial university license fee shall be five hundred dollars ($500).
(g) The biennial university licensee renewal fee shall be five hundred dollars ($500).
(h) The delinquency fee shall be fifty dollars ($50).
(i) The fee for issuance of a duplicate license, registration, or permit shall be twenty-five dollars ($25).
(j) Any charge made for duplication or other services shall be set at the cost of rendering the service, except as specified in subdivision (i).
(k) The fee for failure to report a change in the mailing address shall be twenty-five dollars ($25).
(l) The initial veterinary premises registration fee shall be five hundred dollars ($500) annually.
(m) The annual veterinary premises registration renewal fee shall be five hundred twenty-five dollars ($525).
(n) The registered veterinary technician application fee shall be two hundred twenty-five dollars ($225).
(o) The initial registered veterinary technician registration fee shall be two hundred twenty-five dollars ($225).
(p) The biennial registered veterinary technician renewal fee shall be two hundred twenty-five dollars ($225).
(q) The veterinary assistant controlled substance permit application fee shall be one hundred dollars ($100).
(r) The veterinary assistant controlled substance permit fee shall be one hundred dollars ($100).
(s) The biennial veterinary assistant controlled substance permit renewal fee shall be one hundred dollars ($100).
(t) The veterinary assistant controlled substance permit delinquency fee shall be 50 percent of the renewal fee for such permit in effect on the date of the renewal of the permit, but shall not be less than twenty-five dollars ($25) nor more than one hundred fifty dollars ($150).
(u) The fee for filing an application for approval of a school or institution offering a curriculum for training registered veterinary technicians pursuant to Section 4843 shall be set by the board at an amount not to exceed three hundred dollars ($300). The school or institution shall also pay for the reasonable regulatory costs incident to an onsite inspection conducted by the board pursuant to Section 2065.6 of Title 16 of the California Code of Regulations.
(v) If the money transferred from the Veterinary Medical Board Contingent Fund to the General Fund pursuant to the Budget Act of 1991 is redeposited into the Veterinary Medical Board Contingent Fund, the fees assessed by the board shall be reduced correspondingly. However, the reduction shall not be so great as to cause the Veterinary Medical Board Contingent Fund to have a reserve of less than three months of annual authorized board expenditures. The fees set by the board shall not result in a Veterinary Medical Board Contingent Fund reserve of more than 10 months of annual authorized board expenditures.
Credits
(Added by Stats.1937, c. 933, p. 2567. Amended by Stats.1949, c. 516, p. 924, § 1; Stats.1955, c. 1885, p. 3484, § 9; Stats.1961, c. 1395, p. 3191, § 10, operative Oct. 1, 1961; Stats.1963, c. 594, p. 1474, § 1; Stats.1965, c. 1376, p. 3282, § 4; Stats.1968, c. 907, p. 1698, § 2; Stats.1969, c. 718, p. 1411, § 1, eff. Aug. 8, 1969; Stats.1971, c. 1002, p. 1919, § 2; Stats.1974, c. 627, p. 1474, § 3; Stats.1976, c. 578, p. 1417, § 1; Stats.1977, c. 579, p. 1836, § 25; Stats.1978, c. 1314, p. 4302, § 8; Stats.1978, c. 1355, p. 4507, § 10; Stats.1979, c. 522, p. 1714, § 3; Stats.1985, c. 612, § 5; Stats.1992, c. 626 (S.B.663), § 2; Stats.1995, c. 60 (S.B.42), § 41, eff. July 6, 1995; Stats.1996, c. 404 (S.B.1645), § 1; Stats.1997, c. 642 (A.B.839), § 24; Stats.1997, c. 759 (S.B.827), § 39; Stats.1998, c. 1070 (S.B.2003), § 3; Stats.2008, c. 529 (S.B.1584), § 16; Stats.2016, c. 484 (S.B.1193), § 52, eff. Jan. 1, 2017; Stats.2021, c. 631 (A.B.1535), § 42, eff. Jan. 1, 2022.)
Article 6. Veterinary Corporations
§ 4910. Authority; necessity of compliance with certain laws; governmental agency
A veterinary corporation is a corporation which is authorized to render professional services, as defined in Section 13401 of the Corporations Code, so long as that corporation and its shareholders, officers, directors, and employees rendering professional services who are licensed veterinarians are in compliance with the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code), this article, and all other statutes and regulations pertaining to the corporation and the conduct of its affairs. With respect to a veterinary corporation, the governmental agency referred to in the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code) is the Veterinary Medical Board.
CREDIT(S)
(Added by Stats.1985, c. 1578, § 1. Amended by Stats.1995, c. 60 (S.B.42), § 42, eff. July 6, 1995.)
Notwithstanding any other provision of law, the name of a veterinary corporation and any name or names under which it renders professional services shall include the words "veterinary corporation" or wording or abbreviations denoting corporate existence.
CREDIT(S)
(Added by Stats.1985, c. 1578, § 1.)
§ 4912. Necessity for licensure
Except as provided in Section 13403 of the Corporations Code, each director, shareholder, and officer of a veterinary corporation shall be a licensed person as defined in Section 13401 of the Corporations Code.
CREDIT(S)
(Added by Stats.1985, c. 1578, § 1.)
§ 4913. Income; no accrual to disqualified person
The income of a veterinary corporation attributable to professional services rendered while a shareholder is a disqualified person (as defined in Section 13401 of the Corporations Code) shall not in any manner accrue to the benefit of that shareholder or his or her shares in the veterinary corporation.
CREDIT(S)
(Added by Stats.1985, c. 1578, § 1.)
§ 4914. Unprofessional conduct; duty
A veterinary corporation shall not do or fail to do any act the doing of which or the failure to do which would constitute unprofessional conduct under any statute, rule, or regulation now or hereafter in effect. In the conduct of its practice, it shall observe and be bound by such statutes, rules and regulations to the same extent as a person holding a license under Section 4848.
CREDIT(S)
(Added by Stats.1985, c. 1578, § 1.)
§ 4915. Unprofessional conduct; violation of certain laws
It shall constitute unprofessional conduct and a violation of this chapter, punishable as specified in Section 4831, for any person licensed under this chapter to violate, attempt to violate, directly or indirectly, or assist in or abet the violation of, or conspire to violate, the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400), of Division 3 of Title 1 of the Corporations Code), this article, or any regulation adopted pursuant to those provisions.
CREDIT(S)
(Added by Stats.1985, c. 1578, § 1.)
The board may formulate and enforce rules and regulations to carry out the purposes and the objectives of this article, including rules and regulations requiring (1) that the articles of incorporation or bylaws of a veterinary corporation shall include a provision whereby the capital stock of the corporation owned by a disqualified person (as defined in Section 13401 of the Corporations Code), or a deceased person, shall be sold to the corporation or to the remaining shareholders of the corporation within such time as such rules and regulations may provide, and (2) that a veterinary corporation shall provide adequate security by insurance or otherwise for claims against it by its patients arising out of the rendering of professional services.
CREDIT(S)
(Added by Stats.1985, c. 1578, § 1.)
Nothing in this article requires an applicant for or a holder of a certificate of registration of veterinary premises described in Section 4853 to be a veterinary corporation.
CREDIT(S)
(Added by Stats.1985, c. 1578, § 1.)
Article 7. Community Blood Banks for Animals
For the purposes of this article, the following definitions apply:
(a) “Adverse event” means an event in which an animal is injured, sickened, rendered unconscious, or killed.
(b) “Blood and blood component products” has the same meaning as in Section 9201 of the Food and Agricultural Code and means whole blood collected directly from a donor animal for transfusion or the blood components for transfusion, including packed red blood cells, platelet-rich plasma, platelet concentrates, fresh plasma, fresh frozen plasma, frozen plasma, cryoprecipitate, and cryosupernatant. Antibody products like hyperimmune serums are considered “biologics” and are excluded from this definition of blood and blood component products.
(c) “Captive closed colony” means that an animal is kept, housed, or maintained in any way for the purpose of collecting its blood.
(d) “Closed-colony blood bank” means a commercial blood bank for animals that produces animal blood or blood component products solely from animals held in a captive closed colony.
(e) “Commercial blood bank for animals” means an establishment that produces animal blood or blood component products from captive closed-colony or community-sourced animals to market and sell for use in the cure, mitigation, treatment, or prevention of injury or disease in animals.
(f) “Community blood bank” means a commercial blood bank for animals that produces animal blood or blood component products solely from community-sourced animals whose owners voluntarily consent to the donation.
(g) “Community sourced” means that an animal is all of the following:
(1) Kept, housed, and maintained at the residence of its owner who is a person and not a partnership, association, corporation, or limited liability company.
(2) Brought by its owner to a community blood bank for animals to have its blood collected.
(3) Licensed in accordance with any pet licensing required by the pet owner's state, county, or city of residence.
(h) “Production” means the collection of blood or the preparation, testing, processing, storage, or distribution of blood or blood component products for purpose of transfusion.
Credits
(Added by Stats.2021, c. 752 (A.B.1282), § 4, eff. Jan. 1, 2022.)
§ 4920.1. Liability pursuant to article; production and use of whole blood, plasma, blood products, and blood derivatives for purposes of injection and transfusion deemed not to be a sale
For purposes of liability pursuant to this article, the production and use of whole blood, plasma, blood products, and blood derivatives for purposes of injecting or transfusing the same, or any of them, into an animal shall be construed to be, and is declared to be, the rendition of a service by each and every person, firm, or corporation participating therein, and shall not be construed to be, and is declared not to be, a sale of that whole blood, plasma, blood products, or blood derivatives.
Credits
(Added by Stats.2021, c. 752 (A.B.1282), § 4, eff. Jan. 1, 2022.)
§ 4920.2. Conditions for veterinarians engaging in production of animal blood and blood component products
Each veterinarian who is licensed in California and engages in the production of animal blood and blood component products solely for use in their own practice or for a community blood bank operating under this article shall meet all of the following conditions:
(a) Follow current and best practices on community animal blood banking, which may include those developed pursuant to Section 9255 of the Food and Agricultural Code.
(b) Operate under conditions, and use methods of production, that are consistent with current standards of care and practice for the field of veterinary transfusion medicine to ensure that the animal blood and blood component products will not be contaminated, dangerous, or harmful.
(c) Ensure that the production of blood and blood component products is safe and not injurious to the donor animal's health.
(d) Follow, to the extent possible, the latest blood banking standards, which may include the latest published edition of the American Association of Blood Banks' standards, and maintain responsibility over all veterinary and technical policies and procedures that relate to the safety of staff members and donor animals.
(e) Utilize bloodborne pathogen testing for all canine and feline blood donors in accordance with the best clinical practices in the veterinary field, which may include the most recent Consensus Statement on blood donor infectious disease screening by the American College of Veterinary Internal Medicine.
(f) Ensure that the production of animal blood and blood component products complies with all applicable federal laws and regulations, including, but not limited to, Chapter 5 (commencing with Section 151) of Title 21 of the United States Code.
(g) Maintain onsite records available for inspection by the Veterinary Medical Board including information documenting any history of blood draws or use of anesthesia on the animal, the number and date of donations collected, the estimated milliliters of blood collected per donation based on weight in grams, any adverse events, and any complaints from owners regarding animals who donate blood or blood component products.
(h) Obtain the informed written consent of the owner of the animal blood donor and keep a record of that consent.
Credits
(Added by Stats.2021, c. 752 (A.B.1282), § 4, eff. Jan. 1, 2022.)
§ 4920.3. Payment for donation of animal blood and blood component products prohibited
(a) A veterinarian or a community blood bank operating under this article shall not provide payment to a person who provides an animal for the purpose of donating that animal's blood and blood component products for use in their practice or for retail sale and distribution.
(b) For purposes of this section, “payment” means the transfer to any person of money or other valuable consideration that can be converted to money by the recipient. For purposes of this section, “payment” does not include fees for veterinary tests, medications, vaccinations, screenings, or other services that benefit the health of the animal from which the blood or blood component products were taken.
Credits
(Added by Stats.2021, c. 752 (A.B.1282), § 4, eff. Jan. 1, 2022.)
§ 4920.4. Community blood bank registration fee
The Veterinary Medical Board may establish a community blood bank registration fee and annual renewal fee to be paid by community blood banks to cover costs associated with oversight and inspection of the premises. The fee shall not exceed the reasonable regulatory costs of administering, implementing, and enforcing the provisions of this article.
Credits
(Added by Stats.2021, c. 752 (A.B.1282), § 4, eff. Jan. 1, 2022.)
§ 4920.5. Registration requirements for community blood banks
A community blood bank operating under this article shall comply with blood or blood component product registration requirements under Article 5 (commencing with Section 9241) of Chapter 1.5 of Part 1 of Division 5 of the Food and Agricultural Code.
Credits
(Added by Stats.2021, c. 752 (A.B.1282), § 4, eff. Jan. 1, 2022.)
§ 4920.6. Quarterly report to Department of Food and Agriculture
A community blood bank operating under this article shall submit a quarterly report to the Department of Food and Agriculture every three months that includes all of the following information:
(a) The number of donations from community-sourced animals and separate total amounts of whole blood, packed red blood cells, and fresh frozen plasma sold in California during that quarter, by species of animal in estimated milliliters based on weight in grams.
(b) The number and species of animal donors experiencing adverse events, the total number of adverse events, and the nature of adverse events experienced by animals that donate blood.
(c) The number and species of animal donors that have donated blood.
(d) The number and species of animal donors whose blood tested positive for known pathogens, in accordance with the best clinical practices in the veterinary field, which may include the most recent Consensus Statement for blood donor infectious disease screening by the American College of Veterinary Internal Medicine.
Credits
(Added by Stats.2021, c. 752 (A.B.1282), § 4, eff. Jan. 1, 2022.)
§ 4920.7. Closed-colony blood banks; compliance with Chapter 1.5 of Part 1 of Division 5 of Food and Agricultural Code
Each veterinarian who is licensed in California and operates a closed-colony blood bank shall comply with Chapter 1.5 (commencing with Section 9201) of Part 1 of Division 5 of the Food and Agricultural Code.
Credits
(Added by Stats.2021, c. 752 (A.B.1282), § 4, eff. Jan. 1, 2022.)
§ 4920.8. Violation of article; penalties
A violation of this article by a community blood bank shall constitute a cause for corrective action, suspension, restriction, or the nonrenewal or revocation of a license or registration by the Veterinary Medical Board pursuant to Article 4 (commencing with Section 4875).
Credits
(Added by Stats.2021, c. 752 (A.B.1282), § 4, eff. Jan. 1, 2022.)