Bill Text: CA AB1953 | 2019-2020 | Regular Session | Amended
Bill Title: Veterinary medicine: blood banks for animals.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-05-05 - Re-referred to Com. on B. & P. [AB1953 Detail]
Download: California-2019-AB1953-Amended.html
Amended
IN
Assembly
May 04, 2020 |
Introduced by Assembly Member Bloom (Coauthor: Assembly Member Mayes) |
January 17, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
Existing
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 4826 of the Business and Professions Code is amended to read:4826.
A person practices veterinary medicine, surgery, and dentistry, and the various branches thereof, when the person does any one of the following:SEC. 2.
Section 4836.1 of the Business and Professions Code is amended to read:4836.1.
(a) Notwithstanding any other law, a registered veterinary technician or a veterinary assistant may administer a drug, including, but not limited to, a drug that is a controlled substance, and may collect blood from an animal for the purpose of transferring or selling the blood and blood component products to a licensed veterinarian at a registered premise, under the direct or indirect supervision of a licensed veterinarian when done pursuant to the order, control, and full professional responsibility of a licensed veterinarian. However, no person, other than a licensed veterinarian, may induce anesthesia unless authorized by regulation of the board.(1)
(2)
(3)
(4)
SEC. 3.
Article 7 (commencing with Section 4920) is added to Chapter 11 of Division 2 of the Business and Professions Code, to read:Article 7. Community Blood Banks for Animals
4920.
For the purposes of this article, the following definitions apply:4920.1.
For purposes of liability pursuant to this article, the production and use of whole blood, plasma, blood products, and blood derivatives for purposes of injecting or transfusing the same, or any of them, into an animal shall be construed to be, and is declared to be, the rendition of a service by each and every person, firm, or corporation participating therein, and shall not be construed to be, and is declared not to be, a sale of that whole blood, plasma, blood products, or blood derivatives.4920.2.
Each veterinarian who is licensed in California and engages in the production of animal blood and blood component products solely for use in their own practice or for a community blood bank operating under this article shall meet all of the following conditions:4920.3.
(a) A veterinarian or a community blood bank operating under this article shall not provide payment to a person who provides an animal for the purpose of donating that animal’s blood and blood component products for use in their practice or for retail sale and distribution.4920.4.
The Veterinary Medical Board may establish a community blood bank registration fee and appropriate renewal fee to be paid by community blood banks to cover costs associated with oversight and inspection of the premises. The fee shall not exceed the reasonable regulatory costs of administering, implementing, and enforcing the provisions of this article.4920.5.
A community blood bank operating under this article shall comply with blood or blood component product registration requirements under Article 5 (commencing with Section 9241) of Chapter 1.5 of Part 1 of Division 5 of the Food and Agricultural Code.4920.6.
A community blood bank operating under this article shall submit a quarterly report to the Department of Food and Agriculture every three months that includes all of the following information:4920.7.
Each veterinarian who is licensed in California and operates a closed-colony blood bank shall comply with Chapter 1.5 (commencing with Section 9201) of Part 1 of Division 5 of the Food and Agricultural Code.SEC. 4.
Section 9201 of the Food and Agricultural Code is amended to read:9201.
Unless the context otherwise requires, the following definitionsSEC. 5.
Section 9202 of the Food and Agricultural Code is repealed.“Animal” includes, but is not limited to, any domesticated fowl or nonhuman mammal and any wild fowl, bird, or mammal that is reduced to captivity.
SEC. 6.
Section 9203 of the Food and Agricultural Code is repealed.“Biologics” means all viruses, serums, antibody products, toxins (excluding
substances that are selectively toxic to microorganisms, for example, antibiotics), or analogous products at any stage of production, shipment, distribution, or sale, which are intended for use in the treatment of animals and which act primarily through the direct stimulation, supplementation, enhancement, or modulation of the immune system or immune response.
SEC. 7.
Section 9204 of the Food and Agricultural Code is repealed.“Blood and blood component products” means whole blood collected directly from a donor animal for transfusion or the blood components for transfusion including packed red blood cells, platelet-rich plasma, platelet concentrates, fresh plasma, fresh frozen plasma, frozen plasma, cryoprecipitate, and cryosupernatant. Antibody products like hyperimmune serums are considered “biologics” and are excluded from this definition of blood and blood component products.
SEC. 8.
Section 9205 of the Food and Agricultural Code is repealed.“Commercial blood bank for animals” means an establishment that produces animal blood or blood component products to market and sell for use in the cure, mitigation, treatment, or prevention of injury or disease in animals.
SEC. 9.
Section 9206 of the Food and Agricultural Code is repealed.“Production” means collection of blood or the preparation, testing, processing, storage, or distribution of blood or blood component products for the purpose of transfusion.
SEC. 10.
Section 9210 of the Food and Agricultural Code is amended to read:9210.
SEC. 11.
Section 9212 of the Food and Agricultural Code is amended to read:9212.
The secretary shall license establishments as captive closed-colony commercial blood banks for animals that meet all of the following:SEC. 12.
Section 9212.5 is added to the Food and Agricultural Code, to read:9212.5.
(a) The department shall discontinue its licensing program for commercial blood banks for animals that produce canine blood and blood component products sourced from captive closed-colony dogs within 12 months of making a finding and provision of notice as follows:SEC. 13.
Section 9221 of the Food and Agricultural Code is amended to read:9221.
An application for a license for any establishment that produces, or proposes to produce, animal blood and blood component products from a closed-colony blood bank shall be made on forms issued by the secretary. The application shall contain all of the following:(f)An “oversight letter”
SEC. 14.
Section 9222 is added to the Food and Agricultural Code, to read:9222.
(a) A closed-colony blood bank that is licensed pursuant to this chapter shall not discriminate against veterinarians licensed in California in the sale of animal blood or blood component products.SEC. 15.
Section 9231 of the Food and Agricultural Code is amended to read:9231.
The license application fee and license renewal fee under this chapter for an establishment proposing to produce or producing animal blood and blood component products from a closed-colony blood bank shall be as follows:(c)
(d)
SEC. 16.
Section 9241 of the Food and Agricultural Code is amended to read:9241.
No person shall offer for sale or use any of the following:SEC. 17.
Section 9244 of the Food and Agricultural Code is amended to read:9244.
(a) An application for registration of blood or a blood component product shall include(a)
(b)
SEC. 18.
Section 9252 is added to the Food and Agricultural Code, to read:9252.
The secretary shall track, administer, and enforce the safe importation and sale of animal blood and blood component products from out-of-state community blood banks for animals that produce those blood and blood component products solely from community-sourced animals in compliance with California standards.SEC. 19.
Section 9253 is added to the Food and Agricultural Code, to read:9253.
(a) A closed-colony blood bank licensed under this chapter shall maintain an onsite record of the number of donations collected from captive animals, the volume of blood collected per donation in milliliters, any adverse events, the disposition of any animals, and any other information necessary to comply with this section.SEC. 20.
Section 9269 of the Food and Agricultural Code is amended to read:9269.
(a) Except as provided in subdivision (b), the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) shall apply to all records held by the department relating to this chapter, including, but not limited to, records relating to applications, fees, or inspections required by this(b)Notwithstanding subdivision (a), records