AB 1399 — Veterinary medicine: veterinarian-client-patient relationship: telehealth.

Summary

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 animal patient and providing quality of care consistent with prevailing veterinary medical practice, be familiar with available medical resources, be able to provide the client with a list of nearby veterinarians who may be able to see the animal patient in person upon the request of the client, keep, maintain, and make an animal 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. Existing law requires all veterinary premises to be registered with the board. Existing law defines "premises" for these purposes as inclusive of mobile units or vehicles, but exempts them from independent registration with the board if they are operated from a building or facility that is the licensee manager's principal place of business, the building is registered with the board, and the registration identifies and declares the use of the mobile unit or vehicle. Existing law specifies that the registration of veterinary premises is nontransferable and requires that, in the event of change of an owner or operator of the premises, the premises registration holder notify the board within 30 days after the change. This bill would exempt the location where a veterinarian practices telehealth from the requirement that it be registered if specified conditions are met, including, among other things, that the veterinarian does not perform any in-person examination or treatment of animal patients at that location. 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.

Bill Text

• Chaptered 10/08/23 - Chaptered Current pdf October 08, 2023
• Enrolled 09/14/23 - Enrolled pdf September 14, 2023
• Amended 09/06/23 - Amended Senate pdf September 06, 2023
• Amended 09/01/23 - Amended Senate pdf September 01, 2023
• Amended 07/13/23 - Amended Senate pdf July 13, 2023
• Amended 06/28/23 - Amended Senate pdf June 28, 2023
• Amended 05/25/23 - Amended Assembly pdf May 25, 2023
• Amended 04/19/23 - Amended Assembly pdf April 19, 2023
• Amended 03/16/23 - Amended Assembly pdf March 16, 2023
• Introduced 02/17/23 - Introduced pdf February 17, 2023
• AB1399 View text html

Action History

1. October 08, 2023

   Chaptered by Secretary of State - Chapter 475, Statutes of 2023.

2. October 08, 2023

   Approved by the Governor.

3. September 19, 2023

   Enrolled and presented to the Governor at 4 p.m.

4. September 12, 2023

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3304.).

5. September 12, 2023

   Assembly Rule 77 suspended. (Page 3228.)

6. September 11, 2023

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 13 pursuant to Assembly Rule 77.

7. September 11, 2023

   Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 3. Page 2588.).

8. September 07, 2023

   Read second time. Ordered to third reading.

9. September 06, 2023

   Read third time and amended. Ordered to second reading.

10. September 05, 2023

    Read second time. Ordered to third reading.

11. September 01, 2023

    Read second time and amended. Ordered returned to second reading.

12. September 01, 2023

    From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (September 1).

13. August 21, 2023

    In committee: Referred to APPR suspense file.

14. July 13, 2023

    Read second time and amended. Re-referred to Com. on APPR.

15. July 12, 2023

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (July 10).

16. June 28, 2023

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E. D.

17. June 14, 2023

    Referred to Com. on B., P. & E. D.

18. June 01, 2023

    In Senate. Read first time. To Com. on RLS. for assignment.

19. May 31, 2023

    Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1957.)

20. May 25, 2023

    Read third time and amended. Ordered to third reading. (Page 1741.)

21. May 11, 2023

    Read second time. Ordered to third reading.

22. May 10, 2023

    From committee: Do pass. (Ayes 15. Noes 0.) (May 10).

23. April 20, 2023

    Re-referred to Com. on APPR.

24. April 19, 2023

    Read second time and amended.

25. April 18, 2023

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 16. Noes 0.) (April 18).

26. March 20, 2023

    Re-referred to Com. on B. & P.

27. March 16, 2023

    From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.

28. March 16, 2023

    Referred to Com. on B. & P.

29. February 18, 2023

    From printer. May be heard in committee March 20.

30. February 17, 2023

    Read first time. To print.

Sponsors

• Friedman · Primary
• Josh Lowenthal · Cosponsor
• Rebecca Bauer-Kahan · Cosponsor
• Isaac G. Bryan · Cosponsor
• Eloise Gómez Reyes · Cosponsor

Votes

Subjects