1. (a) Absent establishing a veterinarian-client-patient relationship (VCPR) as defined in section 4826.6 of the Business and Professions Code, prescribing, dispensing, or furnishing dangerous drugs as defined in Section 4022 of the code constitutes unprofessional conduct.

2. (b) No licensee shall be found to have committed unprofessional conduct within the meaning of this section if, at the time the drugs were prescribed, dispensed, or furnished, any of the following applies:

   1. (1) The licensee was a veterinarian serving in the absence of the treating veterinarian and the drugs were prescribed, dispensed, or furnished on an emergency basis for a traveling patient only as necessary to maintain the health of the animal patient until they could return to the originally treating veterinarian. Prior to providing a prescription refill pursuant to this section, the veterinarian shall have made a reasonable effort to contact the original prescribing veterinarian, and shall have documented the communication, or his or her attempt to contact the original prescribing veterinarian, in the animal patient's medical record.

   2. (2) The original prescribing veterinarian was unavailable to authorize the refill, and the veterinarian authorizing the refill was working in the same practice as the original prescribing veterinarian, and:

      1. (A) The veterinarian who authorized the refill was in possession of and had reviewed the animal patient's records, ordered the renewal of a medically indicated prescription for an amount not exceeding the original prescription in strength or amount or for more than one refill, and entered the prescription refill in the animal patient's medical records.
      2. (B) In the veterinarian's professional judgment, failure to refill the prescription might have interrupted the animal patient's ongoing care and might have had an adverse effect on the animal patient's well-being.

Note: Authority cited: Section 4808, Business and Professions Code. Reference: Sections 4826.6 and 4883, Business and Professions Code.

History

1. New section filed 9-27-2013; operative 1-1-2014 (Register 2013, No. 39).

2. Amendment filed 2-11-2021; operative 4-1-2021 (Register 2021, No. 7).

3. Change without regulatory effect amending subsection (a) and Note filed 2-12-2025 pursuant to section 100, title 1, California Code of Regulations (Register 2025, No. 7).