SECTIONS 4825-4831 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 4825-4831

4825. 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.

4825.1. 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.

4826. A person practices veterinary medicine, surgery, and
dentistry, and the various branches thereof, when he or she does any
one of the following:
(a) Represents himself or herself 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 an unregistered assistant at
the direction of and under the direct supervision of a licensed
veterinarian subject to Article 2.5 (commencing with Section 4832) or
where the drug, including, but not limited to, a drug that is a
controlled substance, is administered by a registered veterinary
technician or an unregistered 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) 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 himself or herself as engaged
in the practice of veterinary medicine, veterinary surgery, or
veterinary dentistry.

4826.1. 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.

4826.2. Notwithstanding any other provision of law, a veterinarian,
registered veterinary technician, or an unregistered 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 an unregistered 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 unregistered 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.

4827. Nothing in this chapter prohibits any person from:
(a) Practicing veterinary medicine as a bona fide owner of one's
own animals. This exemption applies to the following:
(1) The owner's bona fide employees.
(2) Any person assisting the owner, provided that the practice is
performed gratuitously.
(b) 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.
(c) 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.
(d) Administering sodium pentobarbital for euthanasia of sick,
injured, homeless, or unwanted 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.

4828. 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.

4829. 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.

4830. (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) Regularly licensed veterinarians in actual consultation from
other states.
(3) Regularly licensed veterinarians actually called from other
states to attend cases in this state, but who do not open an office
or appoint a place to do business within this state.
(4) Veterinarians employed by the University of California while
engaged in the performance of duties in connection with the College
of Agriculture, the Agricultural Experiment Station, the School of
Veterinary Medicine, or the agricultural extension work of the
university or employed by the Western University of Health Sciences
while engaged in the performance of duties in connection with the
College of Veterinary Medicine or the agricultural extension work of
the university.
(5) Students in the School of Veterinary Medicine of the
University of California or the College of Veterinary Medicine of the
Western University of Health Sciences who participate in diagnosis
and treatment as part of their educational experience, including
those in off-campus educational programs under the direct supervision
of a licensed veterinarian in good standing, as defined in paragraph
(1) of subdivision (b) of Section 4848, appointed by the University
of California, Davis, or the Western University of Health Sciences.
(6) 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 his or her
official capacity. A person exempt under this paragraph shall not
otherwise engage in the practice of veterinary medicine unless he or
she is issued a license by the board.
(7) 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) This section shall become operative on January 1, 2011.

4830.5. Whenever any 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 shall be the duty of the licensee to promptly
report the same to the appropriate law enforcement authorities of the
county, city, or city and county in which the same 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 Section 596, subdivision (a) or (b) of
Section 597, or Section 597b, 597f, 597g, 597n, or 597.5 of the Penal
Code.

4830.7. 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.

4830.8. (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.

4831. 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.