BILL NUMBER: SB 1548 CHAPTERED
BILL TEXT
CHAPTER 467
FILED WITH SECRETARY OF STATE SEPTEMBER 10, 2004
APPROVED BY GOVERNOR SEPTEMBER 10, 2004
PASSED THE SENATE AUGUST 23, 2004
PASSED THE ASSEMBLY AUGUST 18, 2004
AMENDED IN ASSEMBLY AUGUST 9, 2004
AMENDED IN ASSEMBLY JULY 28, 2004
AMENDED IN ASSEMBLY JULY 2, 2004
AMENDED IN ASSEMBLY JUNE 14, 2004
INTRODUCED BY Senator Figueroa
FEBRUARY 19, 2004
An act to amend Sections 801, 4800, 4804.5, 4832, 4833, 4842.2,
4842.5, 4848, and 4875.4 of, and to add Section 4830.7 to, the
Business and Professions Code, relating to veterinary medicine, and
making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1548, Figueroa. Veterinary medicine.
(1) Existing law requires, with specified exceptions, every
insurer providing professional liability insurance to a person who
holds a license, certificate, or similar authority from certain
agencies to send a complete report to those agencies as to any
settlement or arbitration award, as specified.
This bill would require every insurer providing liability
insurance to a licensed veterinarian to send a complete report to the
Veterinary Medical Board of any settlement or arbitration award over
$10,000.
(2) Existing law, the Veterinary Medical Practice Act, provides
for licensing and regulation of veterinarians and other related
persons by the Veterinary Medical Board of California. Existing law
provides that all fees collected on behalf of the board are to be
credited to the Veterinary Medical Board Contingent Fund, which is a
continually appropriated fund. Existing law, until July 1, 2005,
provides for the board to consist of 7 members, and authorizes the
board to appoint an executive officer exempt from civil service.
Existing law requires the board to establish the Registered
Veterinary Technician Committee, which is an advisory committee in
issues pertaining to the practice of veterinary technicians.
Existing law authorizes the committee to assist the board in the
examination of applicants for veterinary technician registration. A
violation of the Veterinary Medical Practice Act is a crime.
This bill would extend the operation of the provisions
establishing the board and authorizing the appointment of an
executive officer to July 1, 2009. The bill would require any person
licensed under the Veterinary Medicine Practice Act, when the person
has reasonable cause to believe an animal under his or her care has
been a victim of animal abuse or cruelty, to promptly report the
animal abuse or cruelty to the appropriate law enforcement authority.
The bill would require the committee to advise the board in the
examination of applicants for veterinary technician registration.
The bill would require the committee to advise the board in the
inspection and approval of schools or institutions offering a
curriculum for training registered veterinary technicians. The bill
would authorize the committee to advise and assist the board in
developing regulations on various matters. The bill would authorize
the board to extend a temporary license for up to one year for
reasons of health, military service, or undue hardship. The bill
would authorize the board to increase specified fees for filing an
application for examination under the Veterinary Medicine Practice
Act. The bill would authorize the board to establish a fee, not to
exceed $300, for the registered veterinary technician examination.
Because fees from these examinations would be deposited in the
Veterinary Medical Board Contingent Fund, which is continuously
appropriated, the bill would make an appropriation. Because a
violation of these provisions of the bill would be a crime, it would
impose a state-mandated local program.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 801 of the Business and Professions Code is
amended to read:
801. (a) Every insurer providing professional liability insurance
to a person who holds a license, certificate, or similar authority
from or under any agency mentioned in subdivision (a) of Section 800
(except as provided in subdivisions (b), (c), (d), and (e)) shall
send a complete report to that agency as to any settlement or
arbitration award over three thousand dollars ($3,000) of a claim or
action for damages for death or personal injury caused by that person'
s negligence, error, or omission in practice, or by his or her
rendering of unauthorized professional services. The report shall be
sent within 30 days after the written settlement agreement has been
reduced to writing and signed by all parties thereto or within 30
days after service of the arbitration award on the parties.
(b) Every insurer providing professional liability insurance to a
physician and surgeon licensed pursuant to Chapter 5 (commencing with
Section 2000) or the Osteopathic Initiative Act shall send a
complete report to the Medical Board of California or the Osteopathic
Medical Board of California, as appropriate, as to any settlement
over thirty thousand dollars ($30,000); or arbitration award of any
amount; or civil judgment of any amount, whether or not vacated by a
settlement after entry of the judgment, that was not reversed on
appeal; of a claim or action for damages for death or personal injury
caused by that person's negligence, error, or omission in practice,
or by his or her rendering of unauthorized professional services. A
settlement over thirty thousand dollars ($30,000) shall also be
reported if the settlement is based on the licensee's negligence,
error, or omission in practice, or by the licensee's rendering of
unauthorized professional services, and a party to the settlement is
a corporation, medical group, partnership, or other corporate entity
in which the licensee has an ownership interest or that employs or
contracts with the licensee. The report shall be sent within 30 days
after the written settlement agreement has been reduced to writing
and signed by all parties thereto, within 30 days after service of
the arbitration award on the parties, or within 30 days after the
date of entry of the civil judgment.
(c) Every insurer providing professional liability insurance to a
person licensed pursuant to Chapter 13 (commencing with Section 4980)
or Chapter 14 (commencing with Section 4990) shall send a complete
report to the Board of Behavioral Science Examiners as to any
settlement or arbitration award over ten thousand dollars ($10,000)
of a claim or action for damages for death or personal injury caused
by that person's negligence, error, or omission in practice, or by
his or her rendering of unauthorized professional services. The
report shall be sent within 30 days after the written settlement
agreement has been reduced to writing and signed by all parties
thereto or within 30 days after service of the arbitration award on
the parties.
(d) Every insurer providing professional liability insurance to a
dentist licensed pursuant to Chapter 4 (commencing with Section 1600)
shall send a complete report to the Dental Board of California as to
any settlement or arbitration award over ten thousand dollars
($10,000) of a claim or action for damages for death or personal
injury caused by that person's negligence, error, or omission in
practice, or rendering of unauthorized professional services. The
report shall be sent within 30 days after the written settlement
agreement has been reduced to writing and signed by all parties
thereto or within 30 days after service of the arbitration award on
the parties.
(e) Every insurer providing liability insurance to a veterinarian
licensed pursuant to Chapter 60 (commencing with Section 4825) shall
send a complete report to the Veterinary Medical Board of any
settlement or arbitration award over ten thousand dollars ($10,000)
of a claim or action for damages for death or injury caused by that
person's negligence, error, or omission in practice, or rendering of
unauthorized professional service. The report shall be sent within
30 days after the written settlement agreement has been reduced to
writing and signed by all parties thereto or within 30 days after
service of the arbitration award on the parties.
(f) The insurer shall notify the claimant, or if the claimant is
represented by counsel, the insurer shall notify the claimant's
attorney, that the report required by subdivision (a), (b), (c), or
(d) has been sent to the agency. If the attorney has not received
this notice within 45 days after the settlement was reduced to
writing and signed by all of the parties, the arbitration award was
served on the parties, or the date of entry of the civil judgment,
the attorney shall make the report to the agency.
(g) Notwithstanding any other provision of law, no insurer shall
enter into a settlement without the written consent of the insured,
except that this prohibition shall not void any settlement entered
into without that written consent. The requirement of written
consent shall only be waived by both the insured and the insurer.
This section shall only apply to a settlement on a policy of
insurance executed or renewed on or after January 1, 1971.
SEC. 2. Section 4800 of the Business and Professions Code is
amended to read:
4800. There is in the Department of Consumer Affairs a Veterinary
Medical Board in which the administration of this chapter is vested.
The board consists of seven members, three of whom shall be public
members.
This section shall become inoperative on July 1, 2009, and, as of
January 1, 2010, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2010, deletes or extends
the dates on which it becomes inoperative and is repealed.
The repeal of this section renders the board subject to the review
provided for by Division 1.2 (commencing with Section 473).
SEC. 3. Section 4804.5 of the Business and Professions Code is
amended to read:
4804.5. The board may appoint a person exempt from civil service
who shall be designated as an executive officer and who shall
exercise the powers and perform the duties delegated by the board and
vested in him or her by this chapter.
This section shall become inoperative on July 1, 2009, and, as of
January 1, 2010, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2010, deletes or extends
the dates on which it becomes inoperative and is repealed.
SEC. 4. Section 4830.7 is added to the Business and Professions
Code, to read:
4830.7. Whenever any licensee under this chapter has reasonable
cause to believe an animal under its care has been a victim of animal
abuse or cruelty, as prescribed in Section 597 of the Penal Code, it
shall be the duty of the licensee to promptly report it to the
appropriate law enforcement authorities of the county, city, or city
and county in which it occurred. No licensee shall incur any civil
liability as a result of making any report pursuant to this section
or as a result of making any report of a violation of subdivisions
(a), (b), and (c) of Section 597 of the Penal Code.
SEC. 5. Section 4832 of the Business and Professions Code is
amended to read:
4832. (a) The board shall establish an advisory committee on
issues pertaining to the practice of veterinary technicians, that
shall be known as the Registered Veterinary Technician Committee,
hereafter referred to as the committee.
(b) It is the intent of the Legislature that the Veterinary
Medical Board, in implementing this article, give specific
consideration to the recommendations of the Registered Veterinary
Technician Committee.
SEC. 6. Section 4833 of the Business and Professions Code is
amended to read:
4833. (a) The committee shall advise and may assist the board in
the examination of applicants for veterinary technician registration.
The examination shall be held at least once a year at the times and
places designated by the board.
(b) The committee may investigate and evaluate each applicant
applying for registration as a registered veterinary technician and
may recommend to the board for final determination the admission of
the applicant to the examination and eligibility for registration.
(c) The committee may make recommendations to the board regarding
the establishment and operation of the continuing education
requirements authorized by Section 4838 of this article.
(d) The committee shall advise and may assist the board in the
inspection and approval of all schools or institutions offering a
curriculum for training registered veterinary technicians.
(e) The committee may advise and assist the board in developing
regulations to establish animal health care tasks and the appropriate
degree of supervision required for those tasks for registered
veterinary technicians and for unregistered assistants.
(f) The committee may advise and assist the board in developing
regulations to define subdivision (c) of Section 4840, including, but
not limited to, procedures for citations and fines, in accordance
with Section 125.9.
SEC. 7. Section 4842.2 of the Business and Professions Code is
amended to read:
4842.2. All funds collected by the board under this article shall
be deposited in the Veterinary Medical Board Contingent Fund.
SEC. 8. Section 4842.5 of the Business and Professions Code is
amended to read:
4842.5. The amount of fees prescribed by this article is that
fixed by the following schedule:
(a) The fee for filing an application for examination shall be set
by the board in an amount it determines is reasonably necessary to
provide sufficient funds to carry out the purposes of this chapter,
not to exceed two hundred dollars ($200).
(b) The fee for the California registered veterinary technician
examination shall be set by the board in an amount it determines is
reasonably necessary to provide sufficient funds to carry out the
purposes of this chapter, not to exceed three hundred dollars ($300).
(c) The initial registration fee shall be set by the board at not
more than one hundred dollars ($100), except that, if the license is
issued less than one year before the date on which it will expire,
then the fee shall be set by the board at not more than fifty dollars
($50). The board may adopt regulations to provide for the waiver or
refund of the initial registration fee where the registration is
issued less than 45 days before the date on which it will expire.
(d) The biennial renewal fee shall be set by the board at not more
than one hundred dollars ($100).
(e) The delinquency fee shall be twenty-five dollars ($25).
(f) Any charge made for duplication or other services shall be set
at the cost of rendering the services.
(g) The fee for filing an application for approval of a school
pursuant to Section 4843 shall be set by the board at an amount not
to exceed the cost of the approval process.
SEC. 9. 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 or
alcohol, and 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).
(d) The board, in its discretion, may extend the expiration date
of a temporary license issued pursuant to subdivision (b) for not
more than one year for reasons of health, military service, or undue
hardship. An application for an extension shall be submitted on a
form provided by the board.
SEC. 10. Section 4875.4 of the Business and Professions Code is
amended to read:
4875.4. (a) The board shall, in the manner prescribed in Section
4808, adopt regulations covering the assessment of civil penalties
under this article which give due consideration to the
appropriateness of the penalty with respect to the following factors:
(1) The gravity of the violation.
(2) The good faith of the person being charged.
(3) The history of previous violations.
(b) In no event shall the civil penalty for each citation issued
be assessed in an amount greater than five thousand dollars ($5,000).
(c) Regulations adopted by the board shall be pursuant to the
procedures for citations and fines in accordance with Section 125.9.
SEC. 11. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.