BILL NUMBER: SB 1263	CHAPTERED
	BILL TEXT

	CHAPTER  131
	FILED WITH SECRETARY OF STATE  JULY 9, 2002
	APPROVED BY GOVERNOR  JULY 9, 2002
	PASSED THE SENATE  JUNE 24, 2002
	PASSED THE ASSEMBLY  JUNE 10, 2002
	AMENDED IN ASSEMBLY  MAY 30, 2002
	AMENDED IN SENATE  APRIL 16, 2002

INTRODUCED BY   Senator Soto

                        JANUARY 14, 2002

   An act to amend Sections 4830 and 4848 of, and to add Section
4854.5 to, the Business and Professions Code, relating to veterinary
medicine.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1263, Soto.  Veterinary medicine.
   Existing law, the Veterinary Medicine Practice Act, provides for
the licensing and regulation of the practice of veterinary medicine.
A violation of the act is a crime.
   The act provides that the laws regulating the practice of
veterinary medicine do not apply to individuals practicing veterinary
medicine who meet certain requirements, including (1) veterinarians
employed by the University of California while engaged in the
performance of duties in connection with the College of Agriculture,
the Agriculture Experiment Station, the School of Veterinary
Medicine, or the agricultural extension work of the university, and
(2) students in the School of Veterinary Medicine of the University
of California who participate in diagnosis and treatment as part of
their educational experience, including those in off-campus
educational programs under the direct supervision of a licensed
veterinarian appointed by the university.
   This bill would require, for purposes of the exception applicable
to a student in an off-campus educational program, that the
veterinarian who supervises the student be in good standing.
   This bill would also exempt from the laws regulating the practice
of veterinary medicine veterinarians employed by the Western
University of Health Sciences while engaged in the performance of
duties in connection with the College of Veterinary Medicine and
students in the College of Veterinary Medicine of the Western
University of Health Sciences who participate in diagnosis and
treatment as part of their education experience, including those in
off-campus educational programs under the direct supervision of a
licensed veterinarian in good standing appointed by the university.
   This bill would require an off-campus educational site to display
in a conspicuous place a consumer notification specifying that the
veterinary facilities are also being used for diagnosis and treatment
of animals by graduate students in a veterinary medical program.
The bill would provide that a violation of this requirement is not a
crime.
   The Veterinary Medicine Practice Act requires the Veterinary
Medical Board in the Department of Consumer Affairs to determine
qualifications to practice veterinary medicine by means of an
examination, including an examination concerning statutes and
regulations of the act.  Existing law exempts from this provision
University of California veterinary medical students who have
successfully completed a course on veterinary law and ethics meeting
certain requirements.
   This bill would require that the course completed by the student
be board approved in order for the student to qualify for the
exemption.  The bill would also exempt from  the examination
requirement Western University of Health Sciences veterinary medical
students meeting the course requirement.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 4830 of the Business and Professions Code is
amended to read:
   4830.  This chapter does not apply to:
   (a) Veterinarians while serving in any armed branch of the
military service of the United States or the United States Department
of Agriculture while actually engaged and employed in their official
capacity.
   (b) Regularly licensed veterinarians in actual consultation from
other states.
   (c) Regularly licensed veterinarians actually called from other
states to attend cases in this state, but who do not open an office
or appoint a place to do business within this state.
   (d) Veterinarians employed by the University of California while
engaged in the performance of duties in connection with the College
of Agriculture, the Agricultural Experiment Station, the School of
Veterinary Medicine or the agricultural extension work of the
university or employed by the Western University of Health Sciences
while engaged in the performance of duties in connection with the
College of Veterinary Medicine or the agricultural extension work of
the university.
   (e) Students in the School of Veterinary Medicine of the
University of California or the College of Veterinary Medicine of the
Western University of Health Sciences who participate in diagnosis
and treatment as part of their educational experience, including
those in off-campus educational programs under the direct supervision
of a licensed veterinarian in good standing, as defined in paragraph
(1) of subdivision (b) of Section 4848, appointed by the University
of California, Davis, or the Western University of Health Sciences.
   (f) A veterinarian who is employed by the Meat and Poultry
Inspection Branch of the California Department of Food and
Agriculture while actually engaged and employed in his or her
official capacity.  A person exempt under this subdivision shall not
otherwise engage in the practice of veterinary medicine unless he or
she is issued a license by the board.
   (g) Unlicensed personnel employed by the Department of Food and
Agriculture or the United States Department of Agriculture when in
the course of their duties they are directed by a veterinarian
supervisor to conduct an examination, obtain biological specimens,
apply biological tests, or administer medications or biological
products as part of government disease or condition monitoring,
investigation, control, or eradication activities.
  SEC. 2.  Section 4848 of the Business and Professions Code is
amended to read:
   4848.  (a) (1) The board shall, by means of examination, ascertain
the professional qualifications of all applicants for licenses to
practice veterinary medicine in this state and shall issue a license
to every person whom it finds to be qualified.  No license shall be
issued to anyone who has not demonstrated his or her competency by
examination.
   (2) The examination shall consist of each of the following:
   (A) A licensing examination that is administered on a national
basis.
   (B) A California state board examination.
   (C) An examination concerning those statutes and regulations of
the Veterinary Medicine Practice Act administered by the board.  The
examination shall be administered by mail and provided to applicants
within 10 to 20 days of eligibility determination.  The board shall
have 10 to 20 days from the date of receipt to process the
examination and provide candidates with the results of the
examination.  The applicant shall certify that he or she personally
completed the examination.  Any false statement is a violation
subject to Section 4831.  University of California and Western
University of Health Sciences veterinary medical students who have
successfully completed a board approved course on veterinary law and
ethics covering the Veterinary Medicine Practice Act shall be exempt
from this provision.
   (3) The examinations may be given at the same time or at different
times as determined by the board.  For examination purposes, the
board may make contractual arrangements on a sole source basis with
organizations furnishing examination material as it may deem
desirable and shall be exempt from Section 10115 of the Public
Contract Code.
   (4) The licensing examination may be waived by the board in any
case in which it determines that the applicant has taken and passed
an examination for licensure in another state substantially
equivalent in scope and subject matter to the licensing examination
last given in California before the determination is made, and has
achieved a score on the out-of-state examination at least equal to
the score required to pass the licensing examination administered in
California.
   (5) Nothing in this chapter shall preclude the board from
permitting a person who has completed a portion of his or her
educational program, as determined by the board, in a veterinary
college recognized by the board under Section 4846 to take any
examination or any part thereof prior to satisfying the requirements
for application for a license established by Section 4846.
   (b) The board shall waive the examination requirements of
subdivision (a), and issue a temporary license valid for one year to
an applicant to practice veterinary medicine under the supervision of
another licensed California veterinarian in good standing if the
applicant meets all of the following requirements and would not be
denied issuance of a license by any other provision of this code:
   (1) The applicant holds a current valid license in good standing
in another state, Canadian province, or United States territory and
has practiced clinical veterinary medicine for a minimum of four
years full time within the five years immediately preceding filing an
application for licensure in this state.  Experience obtained while
participating in an American Veterinary Medical Association (AVMA)
accredited institution's internship, residency, or specialty board
training program shall be valid for meeting the minimum experience
requirement.
   The term "in good standing" means that an applicant under this
section:
   (A) Is not currently under investigation nor has been charged with
an offense for any act substantially related to the practice of
veterinary medicine by any public agency, nor entered into any
consent agreement or subject to an administrative decision that
contains conditions placed by an agency upon an applicant's
professional conduct or practice, including any voluntary surrender
of license, nor been the subject of an adverse judgment resulting
from the practice of veterinary medicine that the board determines
constitutes evidence of a pattern of incompetence or negligence.
   (B) Has no physical or mental impairment related to drugs,
alcohol, or has not been found mentally incompetent by a physician so
that the applicant is unable to undertake the practice of veterinary
medicine in a manner consistent with the safety of a patient or the
public.
   (2) At the time of original licensure, the applicant passed the
national licensing requirement in veterinary science with a passing
score or scores on the examination or examinations equal to or
greater than the passing score required to pass the national
licensing examination or examinations administered in this state.
   (3) The applicant has either graduated from a veterinary college
recognized by the board under Section 4846 or possesses a certificate
issued by the Educational Commission for Foreign Veterinary
Graduates (ECFVG).
   (4) The applicant passes an examination concerning the statutes
and regulations of the Veterinary Medicine Practice Act, administered
by the board, pursuant to subparagraph (C) of paragraph (2) of
subdivision (a).
   (5) The applicant agrees to complete an approved educational
curriculum on regionally specific and important diseases and
conditions during the period of temporary licensure.  The board, in
consultation with the California Veterinary Medical Association
(CVMA), shall approve educational curricula that cover appropriate
regionally specific and important diseases and conditions that are
common in California.  The curricula shall focus on small and large
animal diseases consistent with the current proportion of small and
large animal veterinarians practicing in the state.  The approved
curriculum shall not exceed 30 hours of educational time.  The board
shall approve a curriculum as soon as practical, but not later than
June 1, 1999.  The approved curriculum may be offered by multiple
providers so that it is widely accessible to candidates licensed
under this subdivision.
   (c) Upon receipt of acknowledgment of successful completion of the
requirements set forth in subdivision (b), the board shall issue a
license to the applicant.  Any applicant who does not meet the
requirements of subdivision (b) shall take a California state board
examination as specified in subparagraph (B) of paragraph (2) of
subdivision (a).
  SEC. 3.  Section 4854.5 is added to the Business and Professions
Code, to read:
   4854.5.  (a) Every off-campus educational program site shall
display in a conspicuous place a consumer notification specifying
that the veterinary facilities are also being used for diagnosis and
treatment of animals by graduate students enrolled in a veterinary
medicine program.
   (b) Notwithstanding Section 4831, or any other provision of law, a
violation of subdivision (a) shall not be a crime.