SB 669 Frequently Asked Questions

Yes. The new law requires the veterinarian and RVT to sign and date two statements:

(1) The veterinarian is authorizing the RVT to act as the agent of the veterinarian only to establish the VCPR for purposes of administering preventative or prophylactic vaccines or antiparasitic medications when acting in compliance with the protocols and procedures established by the veterinarian, and only until the date the veterinarian terminates that authorization. (BPC, § 4826.7, subd. (b)(5).)

(2) The veterinarian assumes the risk for all acts, other than willful acts of animal cruelty, gross negligence, or gross unprofessional conduct, of the RVT related to examining the animal patient and administering preventative or prophylactic vaccines or antiparasitic medications. (BPC, § 4826.7, subd. (b)(4).)

The veterinarian who is authorizing the RVT to act as the agent of the veterinarian to establish the VCPR to administer vaccines and antiparasitic medications and assumes the risk for all acts, other than willful acts of animal cruelty, gross negligence, or gross unprofessional conduct, of the RVT related to examining and administering the vaccines or antiparasitic medications is the veterinarian who signs the statements with the RVT. (BPC, § 4826.7, subd. (b)(4), (5).)

In addition, if the RVT administers vaccines or antiparasitic medication at the registered veterinary premises, the veterinarian must be physically present at the registered veterinary premises in order for the RVT to administer the vaccines and antiparasitic medications. (BPC, § 4826.7, subd. (b)(1).)

If the RVT administers vaccines or antiparasitic medication at a location other than a registered veterinary premises, the veterinarian must be in the general vicinity or available by telephone and quickly and easily available. (BPC, § 4826.7, subd. (b)(2).)

Yes. Multiple veterinarians and RVTs may sign and date a single document containing the required statements. However, the RVT must inform each client of the specific veterinarian’s name and veterinarian license number for whom the RVT is acting as an agent. (BPC, § 4826.7, subd. (b)(6).)

If multiple veterinarians sign one document containing the required statements, each veterinarian is required to retain a copy of the document for the duration of each RVT working as an agent of the veterinarian and until three years from the date of the termination of the veterinarian’s relationship with the RVT. (BPC, § 4826.7, subd. (c)(1), (2).)

If a veterinarian leaves the practice, the veterinarian is strongly encouraged to sign and date a new statement terminating authorization for the RVT(s) to act as the agent of the veterinarian. (BPC, § 4826.7, subd. (b)(5).)

The new law does not specify the veterinarian must create the written protocols and procedures utilized by the RVT. (BPC, § 4826.7, subd. (b)(3).) However, veterinarians adopting a template set of protocols and procedures must ensure that the written protocols and procedures include vaccination protocols and preventative procedures for parasite control for each animal species being administered vaccines and antiparasitic medications by the RVT. (BPC, § 4826.7, subd. (b)(3)(E), (F).)

Both the RVT and the veterinarian. The RVT is responsible for documenting the animal patient information in the medical record. (BPC, § 4826.7, subd. (b)(3)(A)-(G).) The new statute requires the RVT to comply with all requirements, including documentation of specified animal patient information, to serve as the veterinarian’s agent and establish the VCPR. If the RVT fails to document the animal patient information and subsequently administers vaccines or antiparasitic medication to the animal patient, the RVT would not have satisfied the requirements to act as the agent of the veterinarian to establish the VCPR.

If the VCPR requirements are not satisfied in accordance with BPC section 4826.7, the default VCPR requirements under BPC section 4826.6 would control – an RVT administering any treatment without the veterinarian establishing the VCPR would be acting outside the scope of the RVT’s registration and engaging in the unlicensed practice of veterinary medicine.

The veterinarian also is responsible for ensuring all requirements listed in BPC section 4826.7, subdivision (b)(1) - (6) are satisfied. If the RVT did not satisfy the VCPR agent requirements, including documenting the required patient information, the veterinarian could be disciplined for, among other things, aiding and abetting unlicensed practice of veterinary medicine by the RVT and violating the documentation retention requirements under BPC section 4826.7, subdivision (c).

Both the veterinarian and RVT are responsible for ensuring compliance with the law. The RVT is required to document specified information, and the veterinarian assumes the risk for the acts of the RVT. (BPC, § 4826.7, subd. (b)(3), (4).)

If the vaccination clinic is held at the registered veterinary premises, the veterinarian must be physically present at the registered veterinary premises while the RVT administers the vaccines or antiparasitic medications. (BPC, § 4826.7, subd. (b)(1).) If the vaccination clinic is held at a location other than the registered veterinary premises, the veterinarian must be in the general vicinity or available by telephone and quickly and easily available. (BPC, § 4826.7, subd. (b)(2).)

The new laws authorize an RVT, as an agent of the veterinarian, to establish a VCPR for the purpose of the RVT administering preventative or prophylactic vaccines and do not otherwise specify exemptions from that authority. However, pursuant to Health and Safety Code (HSC) section 121695, there may be local city and county ordinances regarding rabies vaccination that require veterinarian participation or more stringent requirements for the health and safety of the public in those jurisdictions. In addition, RVTs are required to comply with all federal and state statutes, rules, and regulations pertaining to dangerous drugs or controlled substances. Failure to do so could result in discipline. (BPC, § 4883, subd. (g)(3).)

Rabies control also is regulated and enforced by the California Department of Public Health in accordance with the HSC and supporting regulations. Veterinary professionals are encouraged to review the rabies vaccination requirements under the HSC, as well as the local city and county ordinances for additional rabies vaccination requirements.

No. SB 669 did not give RVTs this authorization. (See HSC, § 121690, subd. (b).)

BPC section 4826.7, subdivision (b)(3)(A), (B), (C), and (G), and (6)(B), lists the minimum information to be documented in the animal patient’s medical record to show the VCPR was established prior to administration of the vaccine or antiparasitic medication.

An RVT is not authorized to act as the veterinarian’s agent to establish a VCPR in order to prescribe or dispense any medication. To dispense a drug or medication, the veterinarian must establish a VCPR and prescribe the drug or medicine to be dispensed. (BPC, § 4826.6, subd. (a).)

An RVT can dispense a drug or medication previously prescribed by the veterinarian who established the VCPR.

The ability of the RVT to examine the patient and establish the VCPR as an agent of the veterinarian is only authorized for the purpose of administering vaccines and antiparasitic medication. (BPC, § 4826.7, subd. (b).) To provide to the client a written prescription for antiparasitic medications, the veterinarian would have to establish the VCPR. (BPC, § 4826.6, subd. (a).)

No. The veterinarian could not rely on the examination performed by the RVT as the agent of the veterinarian. (BPC, § 4826.6, subd. (a).)

SB 669 authorizes an RVT to examine the animal patient and requires the RVT to obtain data from the physical exam to diagnose and assess the animal patient’s health to receive vaccinations or antiparasitic medication. (BPC, § 4826.7, subd. (b)(3)(B), (G)(vii), (ix).) As such, it appears SB 669 authorizes an RVT to perform diagnostic heartworm testing, interpret the results, and, if appropriate, inject heartworm preventative medication.

Veterinarians are reminded that they are assuming the risk for all acts of the RVT related to examining the animal patient and administering preventive or prophylactic vaccines or medications for the control or eradication of apparent or anticipated internal or external parasite, short of willful acts of animal cruelty, gross negligence, or gross unprofessional conduct on behalf of the registered veterinary technician. (BPC, § 4826.7, subd. (b)(4).)