DISAPPROVAL DECISION

DECISIONS OF DISAPPROVAL OF REGULATORY ACTIONS

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VETERINARY MEDICAL BOARD

State of California

Office of Administrative Law

In re: Veterinary Medical Board

Regulatory Action: Title 16

California Code of Regulations

Adopt sections: 2030.05, 2030.3, 2032.05, 2032.15, 2032.25, 2032.35

Amend sections: 2030, 2030.1, 2030.2, 2032.1, 2032.2, 2032.3, 2032.4, 2037

DECISION OF DISAPPROVAL OF REGULATORY ACTION

Government Code Section 11349.3

OAL File No. 2012-1026-01 S

SUMMARY OF REGULATORY ACTION

The Veterinary Medical Board (Board) proposed this regulatory action to adopt six regulations and to amend eight regulations pertaining to the practice of veterinary treatment of animals under title 16 of the California Code of Regulations. The proposed action was intended to update the minimum standards of practice to accommodate changes in technology and veterinary practice, as well as provide additional protection to consumers in areas not covered in the existing regulations.

Among other things, the proposed action would provide general cleanup of existing regulations to enhance clarity, enhance communications between veterinarians and clients, including the communication of the availability of emergency veterinarian services, and improve sanitary conditions of various premises where veterinarians treat or perform surgery on animals. The proposed action would also establish provisions for the responsibility of a registered licensee-manager over veterinary premises activities and conditions, provisions for small animal vaccination clinics, a provision for humane treatment of animals under anesthesia, and provisions that would allow an animal owner to obtain continued animal treatment or fill prescriptions for animals, as specified, in the absence of the originally treating veterinarian. Finally, the proposed action would provide that the use of a dental scaler on an animal's teeth constitutes a "dental operation" as used in Business and Professions Code section 4826(d).

CONCLUSION

OAL has disapproved the Board's rulemaking action because it failed to meet the necessity and clarity standards of Government Code section 11349.1, and the final statement of reasons did not contain an adequate summary and response to each of the comments submitted to the Board during the regulatory action, as required by Government Code section 11346.9(a)(3).

Date: December 19, 2012

/s/

Richard L. Smith
Senior Counsel

Original: Susan Geranen

Copy: Ethan Mathes