AB 1399 California Assembly · 2023-2024 Regular Session

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 status signed all 5 stages cleared
Introduction
Feb 2023
Committee Review
Aug 2023
Assembly Passage
May 2023
Senate Passage
Sep 2023
Signed into Law
Oct 2023
Introduced Feb 17, 2023 Signed Oct 8, 2023
Floor votes · Senate Sep 11, 2023 · Assembly May 31, 2023

How they voted

36–3
Passed · 1 other
Total votes 40
Sep 11, 2023
D Democratic31
29 Yea 1 Nay 1
93% Yea
R Republican9
7 Yea 2 Nay
77% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
30
Key actions
11
Committee
7
Amendments
12
Oct 8, 2023
Signed into law
Approved by the Governor.
legislature
Sep 12, 2023
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3304.).
lower
Sep 11, 2023
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 13 pursuant to Assembly Rule 77.
lower
Sep 11, 2023
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 3. Page 2588.).
upper
Sep 6, 2023
Upper · Passed
Read third time and amended. Ordered to second reading.
upper
Sep 1, 2023
Upper · Passed
Read second time and amended. Ordered returned to second reading.
upper
Sep 1, 2023
Introduced
From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (September 1).
upper
Aug 21, 2023
Committee
In committee: Referred to APPR suspense file.
upper
Jul 13, 2023
Upper · Passed
Read second time and amended. Re-referred to Com. on APPR.
upper
Jul 12, 2023
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (July 10).
upper
Jun 28, 2023
Introduced
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.
upper
Jun 14, 2023
Committee
Referred to Com. on B., P. & E. D.
upper
May 31, 2023
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1957.)
lower
May 25, 2023
Lower · Passed
Read third time and amended. Ordered to third reading. (Page 1741.)
lower
May 10, 2023
Lower · Passed
From committee: Do pass. (Ayes 15. Noes 0.) (May 10).
lower
Apr 20, 2023
Committee
Re-referred to Com. on APPR.
lower
Apr 19, 2023
Lower · Passed
Read second time and amended.
lower
Apr 18, 2023
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 16. Noes 0.) (April 18).
lower
Mar 20, 2023
Committee
Re-referred to Com. on B. & P.
lower
Mar 16, 2023
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.
lower
Mar 16, 2023
Committee
Referred to Com. on B. & P.
lower
Feb 18, 2023
Lower · Passed
From printer. May be heard in committee March 20.
lower
1 primary · 4 co-sponsors

Sponsors