California Law: Veterinary Medicine And Owner Rights

In California, the practice of veterinary medicine is strictly regulated and requires a license. The law prohibits anyone from practicing veterinary medicine or any branch thereof without a valid, unexpired, and unrevoked license. However, there are certain exemptions to this rule. For instance, a veterinarian can provide emergency treatment to a sick or injured animal without liability unless there is gross negligence. Additionally, according to the California Code of Regulations, Title 16, Section 2038, chiropractors can perform musculoskeletal manipulation (MSM) on animals, which is considered veterinary medicine. Furthermore, specific tasks can be performed by RVTs or non-licensed veterinary assistants under veterinary supervision. The California Veterinary Medical Board (CVMB) enforces strict rules for veterinary corporations, and non-compliance can result in fines or the loss of a license to practice.

Owners can practice veterinary medicine on their own animals

In California, practicing veterinary medicine requires a license. However, there is an exemption in the law that allows owners to practice veterinary medicine on their own animals. This is known as the "bona fide owner" exemption. This exemption also extends to the owner's employees and any person assisting the owner, provided that no charge is made for the practice.

The "bona fide owner" exemption applies to specific practices, including:

• Lay testing of poultry by the whole blood agglutination test. This includes flocks of avian species maintained for food production, such as chickens, turkeys, and exotic fowl.
• Making any determination as to the status of pregnancy, sterility, or infertility upon livestock, equine, or food animals at the time of insemination, as long as no charge is made for this service.
• Administering sodium pentobarbital for the euthanasia of sick, injured, homeless, or unwanted domestic pets or animals without the presence of a veterinarian, provided that the person performing the procedure is an employee of an animal control shelter or humane society and has received proper training.

It is important to note that any procedure performed by a non-licensed person without veterinary supervision could be considered illegal. California state law requires that a veterinarian establish a Veterinarian-Client-Patient Relationship (VCPR) prior to initiating any treatment or therapy for an animal, except in rare circumstances such as providing lifesaving emergency care for a wild or domestic animal with no known owner.

Non-veterinarians can't own shares in a California Veterinary Corporation

California has strict laws regarding veterinary medicine and who can practice it. The California Code of Regulations, Title 16, states that it is unlawful for any person to practice veterinary medicine or any branch thereof in the state unless they hold a valid, unexpired, and unrevoked license.

The state also has laws regarding the corporate ownership of veterinary practices. California law restricts the ownership of veterinary corporations to licensed professionals only, with very limited exceptions. Non-veterinarians cannot own shares in a California veterinary corporation. This means that only licensed veterinarians can be shareholders or own any part of the corporation. This is because the state has adopted the Corporate Practice of Medicine (CPOM) doctrine, which prohibits unlicensed individuals and entities from practicing medicine or employing licensed physicians to provide professional medical services.

The CPOM doctrine is designed to ensure that licensed veterinarians make medical decisions and establish high standards of care in veterinary medicine. However, it can also limit the practice transition options for licensed veterinarians who are looking to expand or sell their practices. It also prevents other veterinary professionals, such as nurses, managers, and administrators, from advancing in the field through practice ownership.

While it is difficult for non-veterinarians to own a veterinary practice in California, it is not impossible. There are alternative structures that can be used to allow non-veterinarians to have some ownership interest in a veterinary practice. For example, some states permit a non-veterinarian to take over the administrative structure of the practice, working in conjunction with the veterinary professional service corporation that provides the veterinary services. In this arrangement, the administrative service is a separate legal entity that provides necessary services to operate the practice, and the fees generated by the veterinary practice are received by the veterinary professional services corporation and then distributed to the administrative entity as service fees. Another option is to create a management services organization (MSO) to take over the management and administrative services of the practice. The MSO owns the facility, equipment, and inventory and provides support services, while the veterinarian maintains control of the clinical aspects of the practice, hires and manages other veterinarians, and owns the patient records.

RVTs can only perform specific tasks under supervision

In California, the practice of veterinary medicine is strictly regulated, and the law imposes licensing requirements on those who wish to practice it. A veterinarian is typically defined as someone who is licensed to practice veterinary medicine for the diagnosis, treatment, or prevention of animal diseases.

Registered Veterinary Technicians (RVT) are required to work under the supervision of a licensed veterinarian. While RVTs can perform specific tasks, they must do so under the direct or indirect supervision of a licensed veterinarian. The California Code of Regulations, Title 16, outlines the procedures that RVTs can perform and the level of supervision required.

The law states that certain tasks are exclusively reserved for RVTs and cannot be delegated to non-licensed veterinary assistants. It is illegal for a veterinarian to direct or allow a non-licensed assistant to perform tasks designated for RVTs. These RVT-specific tasks represent the practice of veterinary medicine and require the knowledge, skill, and training of a licensed veterinarian.

On the other hand, non-licensed veterinary assistants can perform other tasks under varying degrees of veterinary supervision. This supervision ensures that the assistants work within the scope of their training and do not engage in activities that require a higher level of qualification.

In addition, California law restricts the ownership of veterinary corporations to licensed professionals. All shareholders, officers, and directors of a California Veterinary Corporation must be licensed veterinarians to ensure that only qualified individuals control and manage these corporations.

Chiropractors can perform MSM on animals

In California, chiropractors can perform MSM (musculoskeletal manipulation) on animals, but only under certain conditions. MSM is a system of manual or mechanical applications that aim to enhance physical performance and prevent, cure, or relieve impaired or altered functions of the musculoskeletal system. While chiropractors can offer this service, it is considered an alternative or complementary therapy, and injuries to animals have occurred due to improper chiropractic care. Therefore, chiropractors must obtain written consent from the owner acknowledging this fact.

According to California law, chiropractors must be licensed to practice MSM on animals, and they must work under the direct supervision of a veterinarian. This means that the supervising veterinarian should be in the same hospital premise or the same general area. The law was created jointly by the veterinary and chiropractic associations to protect pets, pet owners, and horses.

It is important to establish a medical diagnosis before proceeding with MSM. For example, spinal manipulation would be inappropriate for an animal with a fractured vertebra. A veterinarian-client-patient relationship (VCPR) must be established before initiating any treatment or therapy for an animal, according to California state law. This relationship is based on the veterinarian assuming responsibility for medical judgments and having sufficient knowledge of the animal's medical condition.

There are some exceptions to the law. For example, a veterinarian who renders emergency treatment to a sick or injured animal at the scene of an accident is generally not liable for damages unless there is gross negligence. Additionally, specific tasks may be carried out by RVTs (registered veterinary technicians) or veterinary assistants under varying degrees of veterinary supervision. However, it is illegal for a veterinarian to direct or allow a non-licensed veterinary assistant to perform tasks specific to an RVT.

Chiropractic care for animals is based on the idea that animals have more innate intelligence and less educated intelligence than humans. This innate intelligence helps the animal's body use the chiropractic adjustment to correct the spine and prevent pinched spinal nerves. Veterinary chiropractic has been studied as a treatment for spondylosis deformans, a spinal disease common in several dog breeds. The results of one study suggest that veterinary chiropractic treatment may reduce the probability of spondylosis development in Boxer puppies when applied at monthly intervals from eight weeks of age until they are one year old.

Veterinarians must establish a VCPR before treatment

In California, it is illegal for any person to practice veterinary medicine without a valid, unexpired, and unrevoked license. However, there is an exemption in the business and professions code that allows the bona fide owner of an animal to practice veterinary medicine on their own animals.

For veterinarians, a VCPR (veterinarian-client-patient relationship) must be established before treatment. This is the basis for interaction between veterinarians, clients, and patients and is critical to the health of animals. A VCPR is established when the veterinarian examines the animal in person and is maintained by regular veterinary visits to monitor the animal's health. In some states, a VCPR can be established electronically, but an in-person examination will still be required for certain medications or activities, such as issuing a health certificate. In California, a VCPR is required when a veterinarian is administering, prescribing, dispensing, or furnishing a drug, medicine, appliance, or treatment to the animal.

To establish a VCPR, the veterinarian must have assumed responsibility for making clinical judgments regarding the animal's health, and the client must have agreed to follow the veterinarian's instructions. The veterinarian must also have sufficient knowledge of the animal to make a general or preliminary diagnosis of the medical condition. This means the veterinarian must be personally acquainted with the keeping and care of the animal through a timely examination or medically appropriate and timely visits to where the animal is managed. The veterinarian should also be readily available for follow-up evaluations and provide oversight of treatment, compliance, and outcomes.

Once a VCPR is established, it can be maintained between medically necessary examinations via telephone or other types of consultations, as long as it is in the best interest of the animal's health. A VCPR can be terminated at any time by either the veterinarian or the client.

Frequently asked questions