Bill Text: CA SB27 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Livestock: use of antimicrobial drugs.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-10-10 - Chaptered by Secretary of State. Chapter 758, Statutes of 2015. [SB27 Detail]

Download: California-2015-SB27-Amended.html

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BILL NUMBER: SB 27	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 8, 2015
	AMENDED IN ASSEMBLY  JUNE 25, 2015
	AMENDED IN SENATE  JUNE 1, 2015

INTRODUCED BY   Senator Hill

                        DECEMBER 1, 2014

   An act to amend Section 4846.5 of the Business and Professions
Code, and to add Chapter 4.5 (commencing with Section 14400) to
Division 7 of the Food and Agricultural Code, relating to livestock.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 27, as amended, Hill. Livestock: use of antimicrobial drugs.
   (1) Existing law regulates the distribution and use of livestock
drugs, as defined, by the Secretary of Food and Agriculture. Existing
law also requires a person to obtain a license from the secretary to
manufacture, sell, distribute, or store commercial feed, including
commercial feed containing drugs.
   This bill would, beginning January 1, 2018, prohibit the
administration of medically important antimicrobial drugs, as
defined, to livestock unless ordered by a  licensed 
veterinarian through a prescription or veterinary feed directive
pursuant to a veterinarian-client-patient relationship, as specified,
and would prohibit the administration of a medically important
antimicrobial drug to livestock solely to cause an increased rate of
weight gain or improved feed efficiency. The bill would require the
Department of Food and Agriculture, in consultation with the
Veterinary Medical Board and the State Department of Public Health,
to implement programs to promote antimicrobial stewardship in
livestock, and, in coordination with specified national entities,
would require the department to develop a monitoring program to
gather information on sales, usage, resistance, and management
practice data for medically important antimicrobial drugs. The bill
would require information provided pursuant to those provisions to be
held confidential, as specified. The bill would make a first
violation of the bill's provisions subject to a civil penalty of $250
for each day a violation occurs, and would make second and
subsequent violations subject to an administrative fine of $500 for
each day a violation occurs.
   (2) The Veterinary Medicine Practice Act provides for the
licensure and regulation of veterinarians and the practice of
veterinary medicine by the Veterinary Medical Board, and requires an
applicant for a renewal license to complete 36 hours of continuing
education in the preceding 2 years.
   This bill would require a veterinarian who receives a licence to
practice veterinary medicine on or after January 1, 2018, to complete
an approved course on the judicious use of medically important
antimicrobial drugs every 4 years as part of the continuing education
requirement.
   (3) Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
   This bill would make legislative findings to that effect.
   (4) Because a violation of the provisions of the Veterinary
Medicine Practice Act would be a misdemeanor, the 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4846.5 of the Business and Professions Code is
amended to read:
   4846.5.  (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) Continuing education credits shall be granted to those
veterinarians taking self-study courses, which may include, but are
not limited to, reading journals, viewing video recordings, or
listening to audio recordings. The taking of these courses shall be
limited to no more than six hours biennially.
   (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.
   (5) Continuing education hours earned by attending courses
sponsored or cosponsored by those entities listed in paragraph (1)
between January 1, 2000, and January 1, 2001, shall be credited
toward a veterinarian's continuing education requirement under this
section.
   (c) Every person renewing his or her license issued pursuant to
Section 4846.4, or any person applying for relicensure or for
reinstatement of his or her license to active status, shall submit
proof of compliance with this section to the board certifying that he
or she 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) A veterinarian who receives his or her license to practice
veterinary medicine on or after January 1, 2018, shall complete an
approved course on the judicious use of medically important
antimicrobial drugs, as defined in Section 14400 of the Food and
Agricultural Code, every four years as part of his or her continuing
education requirement.
  SEC. 2.  Chapter 4.5 (commencing with Section 14400) is added to
Division 7 of the Food and Agricultural Code, to read:
      CHAPTER 4.5.  LIVESTOCK: USE OF ANTIMICROBIAL DRUGS


   14400.  For purposes of this chapter, the following definitions
apply:
   (a) "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.
   (b) "Livestock" means all animals and poultry, including aquatic
and amphibian species, that are raised, kept, or used for profit.
Livestock does not include those species that are usually kept as
pets, such as dogs, cats, and pet birds.
   14401.  Beginning January 1, 2018, a medically important
antimicrobial drug shall not be administered to livestock unless
ordered by a  licensed  veterinarian through a prescription
or veterinary feed directive, pursuant to a
veterinarian-client-patient relationship that meets the requirements
of Section 2032.1 of Title 16 of the California Code of Regulations.
   14402.  (a) Beginning January 1, 2018, a medically important
antimicrobial drug may be used when, in the professional judgment of
a licensed veterinarian, the medically important antimicrobial drug
is necessary for any of the following:
   (1) To treat a disease or infection.
   (2) To control the spread of a disease or infection.
   (3) In relation to surgery or a medical procedure.
   (4) For prophylaxis to prevent the contraction of a particular
disease or infection known or suspected to occur in a specific
situation if antimicrobial prophylaxis is considered by a licensed
veterinarian to be effective to prevent that infection or disease.
   (b) A person shall not administer a medically important
antimicrobial drug to livestock solely for purposes of promoting
weight gain or improving feed efficiency.
   (c) Unless the administration is consistent with subdivision (a),
a person shall not administer a medically important antimicrobial
drug in a repeated or regular pattern.
   14403.  (a) Notwithstanding Sections 14401 and 14402 of this code
and Section 4051 of the Business and Professions Code, medically
important antimicrobial drugs may be sold by retailers licensed
pursuant to Article 5 (commencing with Section 14321) of Chapter 4 of
Division 7 with proof of an order by a veterinarian.
   (b) The department may promulgate regulations to implement this
section.
   14404.  (a) The department, in consultation with the Veterinary
Medical Board and the State Department of Public Health, may
implement programs, including, but not limited to, best management
practices, to promote antimicrobial stewardship in livestock to
ensure that each animal gets the intended benefit from the drug to
help preserve the lifesaving potential of the drugs in the future.
The programs shall include antimicrobial stewardship guidelines on
the proper use of medically important antimicrobial drugs for disease
treatment, control, and prevention, including, but not limited to,
the introduction of effective vaccines and good hygiene and
management practices.
   (b) The department shall consult with livestock producers, food
animal veterinarians, and any other relevant stakeholders on ensuring
livestock timely access to treatment for producers in rural areas
with limited access to veterinary care.
   (c) For purposes of this section, "antimicrobial stewardship" is a
commitment to do all of the following:
   (1) To use medically important antimicrobial drugs only when
necessary to treat, control, and, in some cases, prevent, disease.
   (2) To select the appropriate medically important antimicrobial
drug, and to administer the drug correctly each time.
   (3) To use medically important antimicrobial drugs for the
shortest duration necessary and administered to the fewest animals
necessary.
   (d) The department, in consultation with the Veterinary Medical
Board, shall sponsor projects or collaborate with universities,
cooperative extension, and veterinary, livestock, and poultry trade
associations to do the following:
   (1) Promote and develop appropriate training materials for
veterinarians, as well as  animal   livestock
 owners and their employees, to promulgate good stewardship
practices.
   (2) Disseminate scientifically validated practical alternatives
that may reduce the reliance on medically important antimicrobial
drugs while maintaining and promoting animal health.
   14405.  (a) In coordination with the National Animal Health
Monitoring System and the National Antimicrobial Resistance
Monitoring System, the department shall develop a monitoring program
that gathers information on sales, usage, resistance, and management
practice data. The monitoring system shall be compatible with, and
not duplicative of, the national monitoring system.
   (b) In order to carry out this section, the department may request
copies of veterinary feed directives and prescriptions from the
livestock owner, veterinarian, or distributor. Participation in this
effort shall be done in a manner that does not breach
veterinary-patient confidentiality laws.
   (c) The department shall seek funds from federal, state, private,
and other sources to implement this section.
   14406.  (a) The department shall consider how best to gather
representative samples from all of the following:
   (1) California's major livestock segments.
   (2) Regions with considerable livestock production.
   (3) Representative segments of the food production chain.
   (b) The department shall work with willing participants to gather
samples and may consult with livestock producers, food animal
veterinarians, and any other relevant stakeholders on the
implementation of the monitoring system.
   14407.  Notwithstanding the California Public Records Act (Chapter
3.5 (commencing with Section 6250) of Division 7 of Title 1 of the
Government Code), any information provided pursuant to this chapter
shall be held confidential, and shall not be disclosed to any person
or governmental agency, other than the department or the Veterinary
Medical Board, for the purposes of enforcing the Veterinary Medicine
Practice Act (Chapter 11 (commencing with Section 4800) of Division 2
of the Business and Professions Code), unless the data is aggregated
to prevent the identification of an individual farm or business.
Information may be shared with federal agencies so long as it is
protected by the federal Confidential Information Protection and
Statistical Efficiency Act of 2002 (Public Law 107-347).
   14408.  (a) A person who violates this chapter shall be liable for
a civil penalty of not more than two hundred and fifty dollars
($250) for each day a violation occurs.
   (b) (1) For a second or subsequent violation, a person who
violates this chapter shall be punishable by an administrative fine,
levied by the secretary, in the amount of five hundred dollars ($500)
for each day a violation occurs.
   (2) In addition to the administrative fine, the violator shall
attend an educational program on the judicious use of medically
important antimicrobial drugs that has been approved by the
secretary. The violator shall successfully complete the program and
provide proof to the secretary within 90 days from the occurrence of
the violation.
   (c) In addition to the penalties set forth in this section, if the
Veterinary Medical Board determines that a veterinarian has engaged
in unprofessional conduct in violation of the Veterinary Medicine
Practice Act (Chapter 11 (commencing with Section 4800) of Division 2
of the Business and Professions Code), the veterinarian may be
subject to disciplinary sanctions pursuant to the act.
   (d) The fees collected pursuant to this article shall be deposited
into the Department of Food and Agriculture Fund and shall be
available for expenditure upon appropriation by the Legislature.
  SEC. 3.  The Legislature finds and declares that Section 2 of this
act, which adds Section 14407 to the Food and Agricultural Code,
imposes a limitation on the public's right of access to the meetings
of public bodies or the writings of public officials and agencies
within the meaning of Section 3 of Article I of the California
Constitution. Pursuant to that constitutional provision, the
Legislature makes the following findings to demonstrate the interest
protected by this limitation and the need for protecting that
interest:
   In order to ensure the confidentiality of the information
collected pursuant to this act and the integrity of that information
for regulatory and enforcement purposes, it is necessary that this
act take effect.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.