1. What is Illegal veterinary practice?
Anyone who engages in any aspect of the practice of veterinary medicine without having a
current California veterinary license is practicing illegally. According to the California Business
of Professions Code, Section 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.
2. What constitutes the practice of veterinary medicine?
According to the California Business and Professions Code, Section 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 a veterinary assistant at the direction of and under the direct
supervision of alicensed 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 a veterinary 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.
3. What are some examples of illegal practice?
Any procedure performed by a non-licensed person, and without veterinary supervision could be
considered illegal. Examples include:
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Non-anesthetic dental procedures
Ear cropping/tail docking
Equine tooth floating
Castration
Chiropractic
Physical Therapy
Rehabilitative Services
Ear cropping/tail docking
Reproduciton services such as artificial insemination, rectal palpation, ultrasound or
embryo transfer
Nutrition consulting
Acupuncture
4. Are there any exceptions to the rule?
Yes. The business and professions code states the following practice exemptions:
(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.
5. What constitutes “supervision” by a veterinarian?
Title 16 of the California Code of Regulations provides the following definitions:
(a) “Veterinarian” means a California licensed veterinarian.
(b) “R.V.T.” means a registered veterinary technician certified by the Board.
(c) “Unregistered assistant” means any individual who is not an R.V.T. or a licensed
veterinarian.
(d) “Supervisor” means a California licensed veterinarian or if a job task so provides an R.V.T.
(e) “Direct Supervision” means: (1) the supervisor is physically present at the location where
animal health care job tasks are to be performed and is quickly and easily available; and (2) the
animal has been examined by a veterinarian at such time as good veterinary medical practice
requires consistent with the particular delegated animal health care job task.
(f) “Indirect Supervision” means: (1) that the supervisor is not physically present at the location
where animal health care job tasks are to be performed, but has given either written or oral
instructions (“direct orders”) for treatment of the animal patient; and (2) the animal has been
examined by a veterinarian at such times as good veterinary medical practice requires,
consistent with the particular delegated animal health care task and the animal is not
anesthetized as defined in Section 2032.4.
(g) “Animal Hospital Setting” means all veterinary premises which are required by Section 4853
of the Code to be registered with the Board.
(h) “Administer” means the direct application of a drug or device to the body of an animal by
injection, inhalation, ingestion, or other means.
(i) “Induce” means the initial administration of a drug with the intended purpose of rendering
an animal unconscious.
6. What if a business is not actually performing the service, but is hosting someone who
is?
The law states that aiding and abetting illegal practice is a crime. According to the California
Business and Professions Code section 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.
7. What constitutes a “dental operation?”
According to Title 16 of the California Code of Regulations, Section 2037 states:
(a) The term “dental operation” as used in Business and Professions Code section 4826 means:
(1) The application or use of any instrument, device, or scaler to any portion o fan animal's
tooth, gum or any related tissue for the prevention, cure or relief of any wound, fracture, injury
or disease of an animal's tooth, gum or related tissue; and
(2) Preventive dental procedures including, but not limited to, the removal of calculus, soft
deposits, plaque, stains or the smoothing, filing, scaling or polishing of tooth surfaces.
(b) Nothing in this regulation shall prohibit any person from utilizing cotton swabs, gauze,
dental floss, dentifrice, or toothbrushes on an animal's teeth.
8. What does the law say about chiropractors working on animals?
The California Code of Regulations, Title16, Section 2038 states:
(a) The term musculoskeletal manipulation (MSM) is the system of application of mechanical
forces applied manually through the hands or through any mechanical device to enhance
physical performance, prevent, cure, or relieve impaired or altered function of related
components of the musculoskeletal system of animals. MSM when performed upon animals
constitutes the practice of veterinary medicine.
(b) MSM may only be performed by the following persons:
(1) A veterinarian who has examined the animal patient and has sufficient knowledge to make a
diagnosis of the medical condition of the animal, has assumed responsibility for making clinical
judgments regarding the health of the animal and the need for medical treatment, including a
determination that MSM will not be harmful to the animal patient, discussed with the owner of
the animal or the owners' authorized representative a course of treatment, and is readily
available or has made arrangements for follow-up evaluation in the event of adverse reactions
or failure of the treatment regimen. The veterinarian shall obtain as part of the patient's
permanent record, a signed acknowledgement from the owner of the patient or his or her
authorized representative that MSM is considered to be an alternative (nonstandard) veterinary
therapy.
(2) A California licensed doctor of chiropractic (“chiropractor”) working under the direct
supervision of a veterinarian. A chiropractor shall be deemed to be working under the direct
supervision of a veterinarian where the following protocol has been followed:
(A) The supervising veterinarian shall comply with the provisions of subsection (b)(1) prior to
authorizing a chiropractor to complete an initial examination of and/or perform treatment upon
an animal patient.
(B) After the chiropractor has completed an initial examination of and/or treatment upon the
animal patient, the chiropractor shall consult with the supervising veterinarian to confirm that
MSM care is appropriate, and to coordinate complementary treatment, to assure proper patient
care.
(C) At the time a chiropractor is performing MSM on an animal patient in an animal hospital
setting, the supervising veterinarian shall be on the premises. At the time a chiropractor is
performing MSM on an animal patient in a range setting, the supervising veterinarian shall be in
the general vicinity of the treatment area.
(D) The supervising veterinarian shall be responsible to ensure that accurate and complete
records of MSM treatments are maintained in the patient's veterinary medical record.
(c) Where the supervising veterinarian has ceased the relationship with a chiropractor who is
performing MSM treatment upon an animal patient, the chiropractor shall immediately
terminate such treatment.
(d) (1) A chiropractor who fails to conform with the provisions of this section when performing
MSM upon an animal shall be deemed to be engaged in the unlicensed practice of veterinary
medicine.
(2) A veterinarian who fails to conform with the provisions of this section when authorizing a
chiropractor to evaluate or perform MSM treatments upon an animal shall be deemed to have
engaged in unprofessional conduct.
9. What about a veterinarian who prescribes medications to or treats an animal without
examining it first, is that illegal?
It is, except for in a few rare circumstances such as providing lifesaving emergency care for a
wild animal or for a domestic animal with no known owner. For all instances, California state
law requires that a veterinarian establish Veterinarian-Client-Patient Relationship (VCPR) prior
to initiating any treatment or therapy for an animal. The California Code of Regulations, Title 16,
Section 2032.1 says:
(a) It is unprofessional conduct for a veterinarian to administer, prescribe, dispense or furnish a
drug, medicine, appliance, or treatment of whatever nature for the prevention, cure, or relief of
a wound, fracture or bodily injury or disease of an animal without having first established a
veterinarian-client-patient relationship with the animal patient or patients and the client, except
where the patient is a wild animal or the owner is unknown.
(b) A veterinarian-client-patient relationship shall be established by the following:
(1) The client has authorized the veterinarian to assume responsibility for making medical
judgments regarding the health of the animal, including the need for medical treatment,
(2) The veterinarian has sufficient knowledge of the animal(s) to initiate at least a general or
preliminary diagnosis of the medical condition of the animal(s). This means that the veterinarian
is personally acquainted with the care of the animal(s) by virtue of an examination of the animal
or by medically appropriate and timely visits to the premises where the animals are kept, and
(3) The veterinarian has assumed responsibility for making medical judgments regarding the
health of the animal and has communicated with the client a course of treatment appropriate to
the circumstance.
(c) A drug shall not be prescribed for a duration inconsistent with the medical condition of the
animal(s) or type of drug prescribed. The veterinarian shall not prescribe a drug for a duration
longer than one year from the date the veterinarian examined the animal(s) and prescribed the
drug.
(d) As used herein, “drug” shall mean any controlled substance, as defined by Section 4021 of
Business and Professions code, and any dangerous drug, as defined by Section 4022 of Business
and Professions code.
10. If a California licensed veterinarian agrees to oversee a layperson performing a service,
what does that mean for the veterinarian?
Any time a veterinarian supervises either an RVT or a veterinary assistant (in this case a lay
provider), the veterinarian assumes liability. The law says:
(a) The supervising veterinarian shall be responsible for determining the competency of the
R.V.T. or unregistered assistant to perform allowable animal health care tasks.
(b) The supervising veterinarian of a R.V.T. or unregistered assistant shall make all decisions
relating to the diagnosis, treatment, management and future disposition of the animal patient.
(c) The supervising veterinarian shall have examined the animal patient prior to the delegation
of any animal health care task to either an R.V.T. or unregistered assistant. The examination of
the animal patient shall be conducted at such time as good veterinary medical practice requires
consistent with the particular delegated animal health care task.
11. Can illegal activity go on in a veterinary practice?
Yes. The law states that specific tasks may be carried out by RVT’s only. Other tasks may be
appointed to non-licensed veterinary assistants under varying degrees of veterinary supervision.
It is illegal for a veterinarian to direct or allow a non-licensed veterinary assistant to perform
“RVT specific tasks.” Title 16 of the California Code of Regulations states:
(a) Unless specifically so provided by regulation, a R.V.T. shall not perform the following
functions or any other activity which represents the practice of veterinary medicine or requires
the knowledge, skill and training of a licensed veterinarian:
(1) Surgery;
(2) Diagnosis and prognosis of animal diseases;
(3) Prescription of drugs, medicines or appliances.
(b) An R.V.T. may perform the following procedures only under the direct supervision of a
licensed veterinarian:
(1) Induce anesthesia;
(2) Apply casts and splints;
(3) Perform denta lextractions;
(4) Suture cutaneous and subcutaneous tissues, gingiva and oral mucous membranes,
(5) Create a relief hole in the skin to facilitate placement of an intravascular catheter
(c) An RVT may perform the following procedures under indirect supervision of a licensed
veterinarian:
(1) Administer controlled substances.
(d) Subject to the provisions of subsection (s) (a), (b) and (c) of this section, an R.V.T. may
perform animal health care tasks under the direct or indirect supervision of a licensed
veterinarian. The degree of supervision by a licensed veterinarian over a R.V.T. shall be
consistent with standards of good veterinary medical practices.
Title 16, Section 2036.5 states:
(a) Unregistered assistants shall be prohibited from performing any of the functions or activities
specified in subsections (a) (b) and (c) of Section 2036 of these regulations, except that an
unregistered assistant under the direct supervision of a licensed veterinarian or registered
technician may administer a controlled substance.
(b) Subject to the provisions of subsection (a) of this section, unregistered assistants in an
animal hospital setting may perform auxiliary animal health care tasks under the direct or
indirect supervision of a licensed veterinarian or the direct supervision of an R.V.T. The degree
of supervision by a licensed veterinarian over an unregistered assistant shall be higher than or
equal to the degree of supervision required when an R.V.T. performs the same task and shall be
consistent with standards of good veterinary medical practices.
12. Can veterinarians refer patients to non-veterinarians for care of consulting services?
No. It is illegal for a veterinarian to refer a patient to anyone other than another veterinarian. If a
veterinarian fees that an animal needs chiropractic care, dental care, physical therapy, nutrition
consulting, or any other kind of therapeutic modality, the veterinarian must supervise the person
performing the task, unless that person is another California licensed veterinarian.13. Who is
responsible for investigating illegal practice and enforcing the law?
The California Veterinary Medical Board, which is a subsidiary of the California Departmentof
Consumer Affairs. According to the California Business and Professions code, Division 1,
Chapter 1.5:
The Legislature finds and declares that:
a) Unlicensed activity in the professions and vocations regulated by the Department of
Consumer Affairs is a threat to the health, welfare, and safety of the people of the State of
California.
b) The law enforcement agencies of the state should have sufficient, effective, and responsible
means available to enforce the licensing laws of the state.
c) The criminal sanction for unlicensed activity should be swift, effective, appropriate, and
create a strong incentive to obtain a license.