Cal. Code Regs. tit. 16 § 2032.1

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 2032.1 - Veterinarian-Client-Patient Relationship
(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 the code, and any dangerous drug, as defined by Section 4022 of the code.
(e) No person may practice veterinary medicine in this state except within the context of a veterinarian-client-patient relationship or as otherwise permitted by law. A veterinarian-client-patient relationship cannot be established solely by telephonic or electronic means.
(f) Telemedicine shall be conducted within an existing veterinarian-client-patient relationship, with the exception for advice given in an "emergency," as defined under section 4840.5 of the code, until that patient(s) can be seen by or transported to a veterinarian. For purposes of this section, "telemedicine" shall mean the mode of delivering animal health care services via communication technologies to facilitate consultation, treatment, and care management of the patient.

Cal. Code Regs. Tit. 16, § 2032.1

1. Renumbering and amendment of former section 2033 to section 2032.1 filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).
2. Amendment of section heading and section filed 9-27-2013; operative 1-1-2014 (Register 2013, No. 39).
3. Amendment of subsection (d), new subsections (e)-(f) and amendment of NOTE filed 11-27-2019; operative 1-1-2020 (Register 2019, No. 48).
4. Editorial correction restoring inadvertently omitted subsections (a)-(d) and amending HISTORY 3 (Register 2022, No. 39).

Note: Authority cited: Sections 686 and 4808, Business and Professions Code. Reference: Sections 686, 2290.5, 4021, 4022 and 4883, Business and Professions Code.

1. Renumbering and amendment of former section 2033 to section 2032.1 filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).
2. Amendment of section heading and section filed 9-27-2013; operative 1-1-2014 (Register 2013, No. 39).
3. Amendment of subsection (3)(d), new subsections (3)(e)-(f) and amendment of Note filed 11-27-2019; 1/1/2020 (Register 2019, No. 48).