Bill Text: CA AB1399 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Veterinary medicine: veterinarian-client-patient relationship: telehealth.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2023-10-08 - Chaptered by Secretary of State - Chapter 475, Statutes of 2023. [AB1399 Detail]
Download: California-2023-AB1399-Amended.html
in person or through electronic means, verbally, in writing, or by email to the client client, a consultation that includes the following information:
Bill Title: Veterinary medicine: veterinarian-client-patient relationship: telehealth.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2023-10-08 - Chaptered by Secretary of State - Chapter 475, Statutes of 2023. [AB1399 Detail]
Download: California-2023-AB1399-Amended.html
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Amended
IN
Senate
June 28, 2023 |
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Amended
IN
Assembly
May 25, 2023 |
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Amended
IN
Assembly
April 19, 2023 |
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Amended
IN
Assembly
March 16, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1399
| Introduced by Assembly Members Friedman and Lowenthal (Coauthors: Assembly Members Bauer-Kahan, Bryan, and Reyes) |
February 17, 2023 |
An act to amend Sections 4067, 4825.1, 4829.5, 4857, and 4875.1 of, and to add Section 4826.6 to, the Business and Professions Code, and to amend Section 14401 of the Food and Agricultural Code, relating to veterinary medicine.
LEGISLATIVE COUNSEL'S DIGEST
AB 1399, as amended, Friedman.
Veterinary medicine: veterinarian-client-patient relationship: telehealth.
Existing law, the Veterinary Medicine Practice Act, establishes the Veterinary Medical Board within the Department of Consumer Affairs for the licensure and regulation of veterinarians and the practice of veterinary medicine. Existing law specifies that a violation of the act is a crime. The act prohibits any person from practicing veterinary medicine, as defined, without a license. The act authorizes the board to deny, revoke, or suspend a license or registration or assess a fine for, among other things, violation of a regulation adopted by the board and unprofessional conduct, as specified.
A regulation adopted by the board makes it unprofessional conduct to provide specified treatment of an animal without having first established a veterinarian-client-patient relationship, as specified. That regulation also prohibits a person from
practicing veterinary medicine in this state outside the context of a veterinarian-client-patient relationship or as otherwise permitted by law.
This bill similarly would prohibit the practice of veterinary medicine outside the context of a veterinarian-client-patient relationship, as defined, except as specified.
Existing administrative law requires telemedicine to be conducted within an existing veterinarian-client-patient relationship, with the exception for advice given in an emergency, as specified, and defines “telemedicine” to mean the mode of delivering animal health care services via communication technologies to facilitate consultation, treatment, and care management of the patient.
This bill similarly would authorize a licensee to practice veterinary medicine via telehealth, as prescribed. The bill would require a veterinarian who practices veterinary medicine via
telehealth, among other things, to employ sound professional judgment to determine whether using telehealth is an appropriate method for delivering medical advice or treatment to the patient, provide quality of care consistent with prevailing veterinary medical practice, and be familiar with available medical resources, be able to refer the client to a nearby veterinarian who may be able to see the patient in person upon the request of the client and client, make a patient record summary available,
provide the client with information about the veterinarian, and secure an alternative means of contacting the client if the electronic means is interrupted, as specified.
The bill would also define the term “client” for purposes of the act and make other conforming changes.
Because the bill would impose new requirements and prohibitions under the Veterinary Medicine Practice Act, the violation of which is a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 4067 of the Business and Professions Code is amended to read:4067.
(a) No person or entity shall dispense or furnish, or cause to be dispensed or furnished, dangerous drugs or dangerous devices, as defined in Section 4022, on the internet for delivery to any person in this state without a prescription issued pursuant to a good faith prior examination of a human or animal for whom the prescription is meant if the person or entity either knew or reasonably should have known that the prescription was not issued pursuant to a good faith prior examination of a human or animal, or if the person or entity did not act in accordance with Section 1761 of Title 16 of the California Code of Regulations.(b) Notwithstanding any
other provision of law, a violation of this section may subject the person or entity that has committed the violation to either a fine of up to twenty-five thousand dollars ($25,000) per occurrence pursuant to a citation issued by the board or a civil penalty of twenty-five thousand dollars ($25,000) per occurrence.
(c) The Attorney General may bring an action to enforce this section and to collect the fines or civil penalties authorized by subdivision (b).
(d) For notifications made on and after January 1, 2002, the Franchise Tax Board, upon notification by the Attorney General or the board of a final judgment in an action brought under this section, shall subtract the amount of the fine or awarded civil penalties from any tax refunds or lottery winnings due to the person who
is a defendant in the action using the offset authority under Section 12419.5 of the Government Code, as delegated by the Controller, and the processes as established by the Franchise Tax Board for this purpose. That amount shall be forwarded to the board for deposit in the Pharmacy Board Contingent Fund.
(e) Nothing in this section shall be construed to permit the unlicensed practice of pharmacy, or to limit the authority of the board to enforce any other provision of this chapter.
(f) For the purposes of this section, “good faith prior examination” includes the requirements for a physician and surgeon in Section 2242 and the requirements for a veterinarian in subdivision (f) of Section 4825.1.
SEC. 2.
Section 4825.1 of the Business and Professions Code is amended to read:4825.1.
These definitions shall govern the construction of this chapter as it applies to veterinary medicine.(a) “Client” means an the individual or individuals who represents represent to the veterinarian that they are the owner, or the agent of the owner, of an
owner or owners of the animal patient at the time that the services are provided. The client may authorize an agent to act on the client’s behalf.
(b) “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.
(c) “Animal” means any member of the animal kingdom other than humans, and includes fowl, fish, and reptiles, wild or domestic, whether living or dead.
(d) “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.
(e) “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.
(f) “Synchronous” means a real-time interaction between a client and patient with a veterinarian located at a distant site.
(f)
(g) (1) “Veterinarian-client-patient relationship” means a relationship that exists if all of the following conditions are met:
(A) The veterinarian and client agree to the veterinarian assuming responsibility for making medical judgments regarding the health of the animal patient.
(B) The veterinarian has sufficient knowledge of the animal patient to initiate at least a general or preliminary diagnosis of the medical condition of the animal through a recent observation and examination, either in person or using real-time
synchronous video communication, of the animal or of a group of animals of which
the patient is a part, or through medically appropriate and timely visits to the premises where the animal, or the group of animals of which the patient is a part, is kept.
(C) The veterinarian is readily available or has provided for followup care in case of adverse reactions or failure of treatment.
(2) A veterinarian-client-patient relationship shall not be established solely by audio-only communication or by means of a questionnaire.
(g)
(h) “Telehealth”
means the mode of delivering veterinary medicine via electronic communication technologies to facilitate the diagnosis, consultation, care management, or treatment of an animal patient, and includes, but is not limited to, real-time synchronous video and audio communication; real-time, synchronous, two-way audio communication; and electronic transmission of images, diagnostics, data, and medical information.
SEC. 3.
Section 4826.6 is added to the Business and Professions Code, to read:4826.6.
(a) (1) Except as provided in subdivision (f) or otherwise permitted by law, a person shall not practice veterinary medicine outside the context of a veterinarian-client-patient relationship.(2) Real-time Synchronous video communication is not required for the delivery of veterinary medicine via telehealth after a veterinarian-client-patient relationship has been established unless the veterinarian determines that it is necessary in order to provide care consistent with
prevailing veterinary medical practice.
(b) Only a person who holds a current license to practice veterinary medicine in this state is authorized to practice veterinary medicine via telehealth. That practice shall be deemed to occur at the premises where the patient is located at the time that the veterinarian practices veterinary medicine.
(c) Before delivering veterinary medicine via telehealth, the veterinarian shall inform the client about the use and potential limitations of telehealth and obtain consent from the client to use telehealth, including acknowledgment of both
all of the following:
(1) The same standards of care apply to veterinary medicine services via telehealth and in-person veterinary medical services.
(2) The client has the option to choose an in-person visit from a veterinarian at any time.
(3) The client has been advised how to receive follow-up care or assistance in the event of an adverse reaction to the treatment or in the event of an inability to communicate resulting from technological or equipment failure.
(d) A veterinarian that practices veterinary medicine via telehealth shall do all of the
following:
(1) Ensure that the technology, method, and equipment used to provide veterinary medicine services via telehealth comply with all current privacy protection laws.
(2) Have historical knowledge of the animal by obtaining and reviewing the patient’s relevant medical history, and, if available, medical records. If medical records exist from a previous in-person visit and are available to the client, the client may transmit those records, including any diagnostic data contained therein, to the veterinarian electronically.
(3) Employ sound professional judgment to determine whether using telehealth is an appropriate method for delivering medical advice or treatment to the patient and providing quality of care consistent
with prevailing veterinary medical practice.
(4) Be familiar with available medical resources, including emergency resources near the patient’s location, be able to refer the client to a nearby veterinarian who may be able to see the patient in person upon the request of the client, and make available a summary of the patient record, as required by Section 4855.
(5) Provide the client with the veterinarian’s name, contact information, and license number.
(6) Secure an alternative means of
contacting the client if the electronic means is interrupted.
(e) (1) Except as provided in paragraph (2), paragraphs (2) to (4), inclusive, a veterinarian that practices veterinary medicine via telehealth may order, prescribe, or make available drugs, as defined in Section 11014 of the Health and Safety Code, in accordance with all relevant federal regulations.
(2) A veterinarian who established the required veterinarian-client-patient relationship using real-time
synchronous video communication shall not prescribe a drug to the animal patient for use for a period longer than six months from the date upon which the veterinarian examined the patient or prescribed the drug. The veterinarian shall not issue another prescription to the animal patient for the same drug unless they have conducted another examination of the patient, either in person or using telehealth.
(3) The veterinarian shall not order, prescribe, or make available a controlled substance, as defined in Section 4021, or xylazine, unless the veterinarian has performed an in-person physical examination of the patient or made medically appropriate and timely visits to the premises where the patient is kept.
(4) The veterinarian shall notify the client that some prescription drugs or medications may be available at a pharmacy and, if requested, the veterinarian shall submit a prescription to a pharmacy that the client chooses.
(f) A veterinarian is permitted to use telehealth without establishing a veterinarian-client-patient relationship in order to provide advice in an emergency, as defined in Section 4840.5.
SEC. 4.
Section 4829.5 of the Business and Professions Code is amended to read:4829.5.
(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,(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.
SEC. 5.
Section 4857 of the Business and Professions Code is amended to read:4857.
(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.
(2) Upon authorization received by electronic transmission when originated by 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) 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.
(6) 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.
(e) Nothing in this section is intended to prevent the sharing of veterinary medical information between veterinarians and facilities for the purpose of diagnosis or treatment of the animal that is the subject of the medical records.
SEC. 6.
Section 4875.1 of the Business and Professions Code is amended to read:4875.1.
(a) In order to ensure that its resources are maximized for the protection of the public, the board shall prioritize its investigative and prosecutorial resources to ensure that veterinarians and registered veterinary technicians 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 subdivision (f) of Section 4825.1.
(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).
