BILL NUMBER: AB 1760	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 5, 2008

INTRODUCED BY   Assembly Member Galgiani

                        JANUARY 8, 2008

   An act to amend  Section 4849   Sections
4802, 4808, 4810, 4848, 4848.3, 4849, 4875, 4875.2, 4875.6, 4876,
4883, 4885, 4886, 4887, 4900, 4901, 4901.1, and 4901.2  of the
Business and Professions Code, relating to veterinary medicine  ,
and making an appropriation therefor  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1760, as amended, Galgiani.  Veterinary medicine:
examinations.   Veterinarians and registered veterinary
technicians. 
   Existing law, the Veterinary Medicine Practice Act, provides for
the licensure and  regulation   registration
 of  veterinarians and registered veterinary technicians,
and the regulation of  the practice of veterinary medicine
 . Existing law requires   by  the
Veterinary Medical Board  , which consists of 7 members, 3 of
whom are public members and 4   of    
whom are licensed veterinarians. Existing law requires the Governor
to appoint the 4 licensed veterinarians and the Senate Committee on
Rules and the Speaker of the Assembly to each appoint a public
member. Existing law requires the board  to ascertain, by means
of examination, the professional qualifications of applicants for
licensure to practice veterinary medicine and to issue a license to
every person whom it finds to be qualified. Existing law requires
that the examination consist of a licensing examination administered
on a national basis, a state board examination, and an examination
concerning the statutes and regulations of the act administered by
the board. Existing law requires that the complete examination be
given at least once each year.  Existing law authorizes the board
to waive the examination requirement and issue a temporary license
valid for one year to an applicant under the supervision of another
California licensed veterinarian under specified conditions. Existing
law authorizes the board to issue citations to, place on probation,
and revoke or suspend the license of, a licensed veterinarian who
violates the act. Existing law   authorizes the board t
  o   revoke or suspend   the  
registration of a registered veterinary technician who violates the
act. Under existing law   ,   veterinary licenses
and veterinary technician registrations expire after a 2-year term
but may be renewed at any time within 5 years after expiration, as
specified. Under existing law   ,   revoked
licenses are subject to expiration, and if the revoked license is
reinstated specified fees are required t   o be paid. 
   This bill would  instead   specify that the
Governor   shall   appoint one of the public
members to the board. The bill would  require that the complete
examination  for licensure as a veterinarian  be given at
least twice each year.  The bill would   require the
board to waive the examination requirement and issue a license to an
applicant if he or she meets certain requirements, including holding
a license in good standing in another state and having practiced
clinical veterinary medicine for a specified amount of time 
 ,   and would also revise the requirements for issuance
of a temporary license to practice veterinary medicine. The bill
would authorize the board to assess fines and issue citations to, and
place on probation, a registered veterinary technician who violates
the Veterinary Medicine Practice Act. The bill would make the
provisions of the act relative to revocation and reinstatement of
licenses applicable to veterinary technician registrations. Because
fees for the reinstatement of a revoked veterinary technician
registration collected by the   board pursuant to these
provisions would be deposited in the Veterinary Medical Board
Contingent Fund, which is a continuously appropriated fund, the bill
wo   uld make an appropriation. 
   Vote: majority. Appropriation:  no   yes
 . Fiscal committee: yes. State-mandated local program: no.


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

   SECTION 1.    Section 4802 of the   Business
and Professions Code  is amended to read: 
   4802.  The members of the board shall hold office for a term of
four years. Each member shall serve until the appointment and
qualification of his or her successor or until one year shall have
elapsed since the expiration of the term for which he or she was
appointed, whichever first occurs. A member may be reappointed
subject to the limitation contained in Section 4801.
   Vacancies occurring shall be filled by appointment for the
unexpired term, within 90 days after they occur.
   The Governor shall appoint the four members qualified as provided
in Section 4801  and one public member  . The Senate Rules
Committee and the Speaker of the Assembly shall each appoint a public
member.
   SEC. 2.    Section 4808 of the   Business
and Professions Code   is amended to read: 
   4808.  The board may in accordance with the provisions of the
Administrative Procedure Act, adopt, amend, or repeal such rules and
regulations as are reasonably necessary to carry into effect the
provisions of this chapter. The board may hold such meetings as are
necessary for the transaction of business. It shall issue all
licenses to practice veterinary medicine and all registrations to
practice as a veterinary technician  in this State
  state  .
   SEC. 3.    Section 4810 of the   Business
and Professions Code   is amended to read: 
   4810.  As used in this chapter:
   (a) "Board" means the Veterinary Medical Board.
   (b) "Committee"  or "examining committee"  means
the Registered Veterinary Technician  Examining 
Committee.
   (c) "Regulations" means the rules and regulations set forth in
Division 20 (commencing with Section 2000) of Title 16 of the
California Code of Regulations.
   SEC. 4.    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   For purposes of reciprocity, the
 board shall waive the examination requirements of subdivision
(a), and issue a  temporary license valid for one year
  license  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   ,
within three years immediately preceding filing an application 
 for   licensure in this state, has practiced clinical
veterinary medicine for a minimum of two years and completed a
minimum of 2,944 hours of clinical practice  . 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)  or the Program for the Assessment of
Veterinary Education Equivalence (PAVE)  .
   (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  
completes  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).  
   (c) The board shall issue a temporary license valid for one year
to an applicant to practice veterinary medicine under the supervision
of another California licensed veterinarian in good standing if the
applicant satisfies all of the following:  
   (1) The applicant meets the requirements of paragraphs (1) to (4),
inclusive, of subdivision (b).  
   (2) The applicant would not be denied issuance of a license under
any other provision of this chapter.  
   (3) The applicant agrees to complete the approved educational
curriculum described in paragraph (5) of subdivision (b) on
regionally specific and important diseases and conditions during the
period of temporary licensure.  
   (d) Upon completion of the curriculum described in paragraph (5)
of subdivision (b), a temporary licensee shall submit an application
for full licensure accompanied by verification of completion of that
curriculum and all applicable fees.  
   (d) 
    (e)  The board, in its discretion, may extend the
expiration date of a temporary license issued pursuant to subdivision
 (b)   (c)  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. 5.    Section 4848.3 of the   Business
and Professions Code   is amended to read: 
   4848.3.  (a) The board shall issue a temporary license valid for
one year to an applicant accepted into a qualifying internship or
residency program that meets all of the following requirements:
   (1) Program participants have either graduated from a veterinary
college recognized by the board under Section 4846 or possess a
certificate issued by the Educational Commission for Foreign
Veterinary Graduates  or the Program for the Assessment of
Veterinary Education Equivalency  , and hold a current valid
license in good standing in another state, Canadian province, or
United States territory.
   (2) Program participants are under the direct supervision of a
board-certified California-licensed veterinarian in good standing.
   (3) Two or more board-certified specialists are on the staff of
the veterinary practice.
   (4) The program undergoes annual evaluation and is approved by one
or more existing organizations officially recognized for that
purpose by the board.  The board shall designate one or more
organizations for this purpose no later than January 31, 1999, and
the evaluation and approval process shall begin no later than March
1, 1999. 
   (b) The temporary license issued pursuant to this section shall
only be valid for activities performed in the course of, and
incidental to, a qualifying internship or residency program.
   SECTION 1.   SEC. 6.   Section 4849 of
the Business and Professions Code is amended to read:
   4849.  The complete examination shall be given at least twice each
year. It shall include all the subjects that are ordinarily included
in the curricula of veterinary colleges in good standing and may
include any other subjects that the board may by rule authorize and
direct.
   SEC. 7.    Section 4875 of the   Business
and Professions Code   is amended to read: 
   4875.  The board may revoke or suspend for a certain time the
license of any person to practice veterinary medicine or any branch
thereof in this state after notice and hearing for any of the causes
provided in this article. In addition to its authority to suspend or
revoke a license  or registration  , the board shall have
the authority to assess a fine not in excess of five thousand dollars
($5,000) against a licensee  or registrant  for any of the
causes specified in Section 4883. A fine may be assessed in lieu of
or in addition to a suspension or revocation. The proceedings under
this article shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, and the board shall have all the powers granted
therein. Notwithstanding the provisions of Section 4903, all fines
collected pursuant to this section shall be deposited to the credit
of the Veterinary Medical Board Contingent Fund.
   SEC. 8.    Section 4875.2 of the   Business
and Professions Code   is amended to read: 
   4875.2.  If, upon completion of an investigation, the executive
officer has probable cause to believe that a veterinarian  , a
registered veterinary technician,  or an unlicensed  or
unregistered  person acting as a veterinarian  or registered
veterinary technician  has violated provisions of this chapter,
he or she may issue a citation to the veterinarian  , registered
veterinary technician,  or unlicensed  or  
unregistered  person, as provided in this section. Each citation
shall be in writing and shall describe with particularity the nature
of the violation, including a reference to the provision of this
chapter alleged to have been violated. In addition, each citation may
contain an order of abatement fixing a reasonable time for abatement
of the violation, and may contain an assessment of a civil penalty.
The citation shall be served upon the veterinarian  , registered
veterinary technician,  or unlicensed  or unregistered 
individual personally or by any type of mailing requiring a return
receipt. Before any citation may be issued, the executive officer
shall submit the alleged violation for review and investigation to at
least one designee of the board who is a veterinarian licensed in or
employed by the state. The review shall include attempts to contact
the veterinarian  , registered veterinary technician,  or
unlicensed  or unregistered  person to discuss and resolve
the alleged violation. Upon conclusion of the board designee's
review, the designee shall prepare a finding of fact and a
recommendation. If the board designee concludes that probable cause
exists that the veterinarian  , registered veterinary technician,
 or unlicensed  or unregistered  person has violated
any provisions of this chapter, a civil citation shall be issued to
the veterinarian  ,   registered veterinary technician,
 or unlicensed  or unregistered  person.
   SEC. 9.    Section 4875.6 of the   Business
and Professions Code   is amend   ed to read: 

   4875.6.  (a) If a veterinarian  ,   a  
registered veterinary technician,  or an unlicensed  or
unregistered  person desires to administratively contest a civil
citation or the proposed assessment of a civil penalty therefor, he
or she shall, within 10 business days after receipt of the citation,
notify the executive officer in writing of his or her request for an
informal conference with the executive officer or his or her
designee. The executive officer or his or her designee shall hold,
within 60 days from the receipt of the request, an informal
conference. At the conclusion of the informal conference, the
executive officer may affirm, modify, or dismiss the citation or
proposed assessment of a civil penalty, and he or she shall state
with particularity in writing his or her reasons for the action, and
shall immediately transmit a copy thereof to the board, the
veterinarian  , registered veterinary technician,  or
unlicensed  or unregistered  person, and the person who
submitted the verified complaint. If the veterinarian  ,
registered veterinary tec   hnician,  or unlicensed
 or unregistered  person desires to administratively contest
under subdivision (c) a decision made after the informal conference,
he or she shall inform the executive officer in writing within 30
calendar days after he or she receives the decision resulting from
the informal conference.
   If the veterinarian  , registered veterinary technician, 
or unlicensed  or unregistered  person fails to notify the
executive officer in writing that he or she intends to contest the
citation or the proposed assessment of a civil penalty therefor or
the decision made after an informal conference within the time
specified in this subdivision, the citation or the proposed
assessment of a civil penalty or the decision made after an informal
conference shall be deemed a final order of the board and shall not
be subject to further administrative review.
   Notwithstanding any other provision of law, where a fine is paid
to satisfy an assessment based on the finding of a violation, payment
of the fine shall be represented as satisfactory resolution of the
matter for purposes of public disclosure.
   (b) A veterinarian  , registered veterinary  
technician,  or an unlicensed  or unregistered  person
may, in lieu of contesting a citation pursuant to this section,
transmit to the board the amount assessed in the citation as a civil
penalty, within 10 business days after receipt of the citation. An
unlicensed  or unregistered  person may notify the board and
file a petition for a writ of administrative mandamus under Section
1094.5 of the Code of Civil Procedure within 30 calendar days after
receipt of the citation, without engaging in an informal conference
or administrative hearing. If a petition is not filed pursuant to
this section, payment of any fine shall not constitute an admission
of the violation charged.
   (c) If a veterinarian  , registered veterinary technician,
 or an unlicensed  or unregistered  person has notified
the executive officer that he or she intends to administratively
contest the decision made after the informal conference, the
executive officer shall forward the matter to the Attorney General's
office who shall prepare a notice of appeal of the citation and civil
penalty. After the hearing, the board and administrative law judge
shall issue a decision, based on findings of fact, affirming,
modifying, or vacating the citation, or directing other appropriate
relief  which   that  shall include, but
need not be limited to, a notice that the failure of a veterinarian
 ,   registered veterinary technician,  or
unlicensed  or unregistered  person to comply with any
provision of the board's decision constitutes grounds for suspension
 ,  or denial of licensure, or both  , or
suspension or denial of registration, or both  . The
administrative proceedings under this section shall be conducted in
accordance with the Administrative Procedure Act (Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code), and the board shall have all the powers
granted therein.
   (d) After the exhaustion of the review procedures provided for in
this section or if the time for all appeals has passed, the board may
bring an action in the appropriate court in the county in which the
offense occurred to recover the civil penalty and obtain an order
compelling the cited person to comply with the order of abatement. In
that action, the complaint shall include a certified copy of the
final order of the board, together with the factual findings and
determinations of the board and administrative law judge. The
findings shall be prima facie evidence of the facts stated therein,
and in the absence of contrary evidence may serve as the basis for
the issuance of the judgment and order.
   (e) Failure of a licensee  or registrant  to pay a civil
penalty within 30 days of the date of receipt of the assessment,
unless the citation is being appealed, may result in disciplinary
action being taken by the board. When a citation is not contested and
a civil penalty is not paid, the full amount of the assessed civil
penalty shall be added to the fee for renewal of the license  or
registration  . A license  or registration  shall not
be renewed without payment of the renewal fee and civil penalty.
   (f) Any civil penalties received under this chapter shall be
deposited in the Veterinary Medical Board Contingent Fund.
   SEC. 10.    Section 4876 of the   Business
and Professions Code   is amended to read: 
   4876.  In addition to its authority to suspend or revoke a license
 or registration  , or assess a fine  of 
 on  a person licensed  or registered  under this
chapter, the board shall have the authority to place a licensee 
or registrant  on probation. The authority of the board to
discipline by placing the licensee  or registrant  on
probation shall include, but is not limited to, the following:
   (a) Requiring the licensee  or registrant  to complete a
course of study or service, or both, as prescribed by the board, and
to demonstrate renewed competence to the satisfaction of the board.
   (b) Requiring the licensee  or registrant  to submit to a
complete diagnostic examination by one or more physicians appointed
by the board. If the board requires a licensee  or registrant
 to submit to  such an   that 
examination, the board shall receive and consider any other report of
a complete diagnostic examination given by one or more physicians of
the licensee's  or registrant's  choice.
   (c) Restricting or limiting the extent, scope, or type of practice
of the licensee  or registrant  .
   SEC. 11.    Section 4883 of the  Business
and Professions Code   is amended to read: 
   4883.  The board may deny, revoke, or suspend a license  or
registration  or assess a fine as provided in Section 4875 for
any of the following:
   (a) Conviction of a crime substantially related to the
qualifications, functions, or duties of veterinary medicine, surgery,
or dentistry, in which case the record of the conviction shall be
conclusive evidence.
   (b) For having professional connection with, or lending 
one's   the licensee's or registrant   ' 
 s  name to, any illegal practitioner of veterinary medicine
and the various branches thereof.
   (c) Violation or attempting to violate, directly or indirectly,
any of the provisions of this chapter.
   (d) Fraud or dishonesty in applying, treating, or reporting on
tuberculin or other biological tests.
   (e) Employment of anyone but a veterinarian licensed in the state
to demonstrate the use of biologics in the treatment of animals.
   (f) False or misleading advertising.
   (g) Unprofessional conduct, that includes, but is not limited to,
the following:
   (1) Conviction of a charge of violating any federal statutes or
rules or any statute or rule of this state regulating dangerous drugs
or controlled substances. The record of the conviction is conclusive
evidence thereof. A plea or verdict of guilty or a conviction
following a plea of nolo contendere is deemed to be a conviction
within the meaning of this section. The board may order the license
 or registration to be  suspended or revoked, or assess a
fine, or decline to issue a license or registration  , when
the time for appeal has elapsed, or the judgment of conviction has
been affirmed on appeal or when an order granting probation is made
suspending the imposition of sentence, irrespective of a subsequent
order under Section 1203.4  , 1210.1, or 3063.1  of the
Penal Code allowing the person to withdraw his or her plea of guilty
and to enter a plea of not guilty, or setting aside the verdict of
guilty, or dismissing the accusation, information or indictment.
   (2) (A) The use of or prescribing for or administering to himself
or herself, any controlled substance.
   (B) The use of any of the dangerous drugs specified in Section
4022, or of alcoholic beverages to the extent, or in any manner as to
be dangerous or injurious to a person licensed  or registered
 under this chapter, or to any other person or to the public, or
to the extent that the use impairs the ability of the person so
licensed  or registered  to conduct with safety the practice
authorized by the license  or registration  .
   (C) The conviction of more than one misdemeanor or any felony
involving the use, consumption, or self-administration of any of the
substances referred to in this section or any combination thereof,
and the record of the conviction is conclusive evidence.
   A plea or verdict of guilty or a conviction following a plea of
nolo contendere is deemed to be a conviction within the meaning of
this section. The board may order the license  or registration to
be  suspended or revoked or assess a fine, or may decline to
issue a license  or registration  , when the time for appeal
has elapsed or the judgment of conviction has been affirmed on
appeal or when an order granting probation is made suspending
imposition of sentence, irrespective of a subsequent order under
Section 1203.4  , 1210.  1   , or 3063.1 
of the Penal Code allowing the person to withdraw his or her plea of
guilty and to enter a plea of not guilty, or setting aside the
verdict of guilty, or dismissing the accusation, information, or
indictment.
   (3) A violation of any federal statute, rule, or regulation or any
of the statutes, rules, or regulations of this state regulating
dangerous drugs or controlled substances.
   (h) Failure to keep  one's   the licensee's
or registrant's  premises and all equipment therein in a clean
and sanitary condition.
   (i) Fraud, deception, negligence, or incompetence in the practice
of veterinary medicine.
   (j) Aiding or abetting in any acts that are in violation of any of
the provisions of this chapter.
   (k) The employment of fraud, misrepresentation, or deception in
obtaining the license  or registration  .
   () The revocation, suspension, or other discipline by another
state or territory of a license  or   , 
certificate  , or registration  to practice veterinary
medicine  or as a veterinary technician  in that state or
territory.
   (m) Cruelty to animals, conviction on a charge of cruelty to
animals, or both.
   (n) Disciplinary action taken by any public agency in any state or
territory for any act substantially related to the practice of
veterinary                                            medicine 
or the practice of a veterinary technician  .
   (o) Violation, or the assisting or abetting violation, of any
regulations adopted by the board pursuant to this chapter.
   SEC. 12.    Section 4885 of the   Business
and Professions Code   is amended to read: 
   4885.  A plea or verdict of guilty or a conviction following a
plea of nolo contendere made to a charge of a felony or of any
offense related to the practice of veterinary medicine  or the
practice of a veterinary technician  is deemed to be a
conviction within the meaning of this article. The board may order
the license  or registration to be  suspended or revoked, or
assess a fine as provided in Section 4883 or may decline to issue a
license  or registration  , when the time for appeal has
elapsed, or the judgment of conviction has been affirmed on appeal or
when an order granting probation is made suspending the imposition
of sentence, irrespective of a subsequent order under the provisions
of Section 1203.4  , 1210.1, or 3063.1  of the Penal Code
allowing  such   that  person to withdraw
his  or her  plea of guilty and to enter a plea of not
guilty, or setting aside the verdict of guilty, or dismissing the
accusation, information or indictment.
   SEC. 13.    Section 4886 of the   Business
and Professions Code   is amended to read: 
   4886.  In reinstating a license  which   or
registration   that  has been revoked or suspended
under Section 4883, the board may impose terms and conditions to be
followed by the licensee  after the certificate 
 or registrant after the license or registration  has been
reinstated. The authority of the board to impose terms and conditions
includes, but is not limited to, the following:
   (a) Requiring the licensee  or registrant  to obtain
additional professional training and to pass an examination upon
completion of the training.
   (b) Requiring the licensee  or registrant  to pass an
oral, written, practical or clinical examination, or any combination
thereof to determine his or her present fitness to engage in the
practice of veterinary medicine  or to practice as a veterinary
technician  .
   (c) Requiring the licensee  or registrant  to submit to a
complete diagnostic examination by one or more physicians appointed
by the board. If the board requires the licensee  or registrant
 to submit to  such an   that 
examination, the board shall receive and consider any other report of
a complete diagnostic examination given by one or more physicians of
the licensee's  or registrant's  choice.
   (d) Restricting or limiting the extent, scope, or type of practice
of the licensee  or registrant  .
   SEC. 14.    Section 4887 of the   Business
and Professions Code   is amended to read: 
   4887.  A person whose license  or registration  has been
revoked or who has been placed on probation may petition the board
for reinstatement or modification of penalty including modification
or termination of probation after a period of not less than one year
has elapsed from the effective date of the decision ordering 
such   the  disciplinary action. The petition
shall state such facts as may be required by the board.
   The petition shall be accompanied by at least two verified
recommendations from veterinarians licensed by the board who have
personal knowledge of the activities of the petitioner since the
disciplinary penalty was imposed. The petition shall be heard by the
board. The board may consider all activities of the petitioner since
the  discipinary   disciplinary  action was
taken, the offense for which the petitioner was disciplined, the
petitioner's activities since the  certificate  
license or registration  was in good standing, and the
petitioner's rehabilitation efforts, general reputation for truth,
and professional ability. The hearing may be continued from time to
time as the board finds necessary.
   The board reinstating the license  or registration  or
modifying a penalty may impose such terms and conditions as it
determines necessary. To reinstate a revoked  certificate
  license or registration  or to otherwise reduce a
penalty or modify probation shall require a vote of four of the
members of the board.
   The petition shall be considered while the petitioner is under
sentence for any criminal offense, including any period during which
the petitioner is on court-imposed probation or parole. The board may
deny without a hearing or argument any petition filed pursuant to
this section within a period of two years from the effective date of
the prior decision following a hearing under this section.
   SEC. 15.    Section 4900 of the   Business
and Professions Code   is amended to read: 
   4900.  (a) All veterinary licenses and  animal health
  veterinary  technician  certificates
  registrations  shall expire at 12 midnight of the
last day of the birth month of the licensee or  certificate
holder   registrant  during the second year of a
two-year term if not renewed.
   (b) The board shall establish by regulation procedures for the
administration of a birthdate renewal program, including, but not
limited to, the establishment of a system of staggered license and
 certificate   registration  expiration
dates and a pro rata formula for the payment of renewal fees by
veterinarians and  animal health   registered
veterinary  technicians affected by the implementation of the
program.
   (c) To renew an unexpired license or  certificate
  registration  , the licensee or 
certificate holder   registrant  shall, on or
before the date of expiration of the license or  certificate
  registration  , apply for renewal on a form
provided by the board, accompanied by the prescribed renewal fee.
   (d) Renewal under this section shall be effective on the date on
which the application is filed, on the date on which the renewal fee
is paid, or on the date on which the delinquency fee, if any, is
paid, whichever occurs last. If so renewed, the license or 
certificate   registration  shall continue in
effect through the expiration date provided in this section which
next occurs after the effective date of the renewal, when it shall
expire, if it is not again renewed.
   SEC. 16.    Section 4901 of the   Business
and Professions Code   is amended to read: 
   4901.  Except as otherwise provided in this chapter, an expired
license  or registration  may be renewed at any time within
five years after its expiration on filing of an application for
renewal on a form prescribed by the board, and payment of all accrued
and unpaid renewal fees. If the license  or registration 
is renewed more than 30 days after its expiration, the licensee 
or registrant  , as a condition precedent to renewal, shall also
pay the delinquency fee prescribed by this chapter. Renewal under
this section shall be effective on the date on which the application
is filed, on the date on which all renewal fees are paid, or on the
date on which the delinquency fee, if any, is paid, whichever last
occurs. If so renewed, the license  or registration  shall
continue in effect through the expiration date provided in Section
4900 that next occurs after the effective date of the renewal, when
it shall expire if it is not again renewed.
   SEC. 17.    Section 4901.1 of the   Business
and Professions Code   is amended to read: 
   4901.1.  A license  which   or registration
that  is suspended is subject to expiration, and shall be
renewed as provided in this chapter, but  such  
that  renewal does not entitle the licensee  or registrant
 , while the license  or registration  remains
suspended and until it is reinstated, to engage in the licensed 
or registered  activity, or in any other activity in violation
of the order or judgment by which  it   the
license or registration  was suspended.
   SEC. 18.    Section 4901.2 of the   Business
and Professions Code   is amended to read: 
   4901.2.  A revoked license  or registration  is subject
to expiration as provided in this article, but it may not be renewed.
If it is reinstated after its expiration, the licensee  or
registrant  , as a condition precedent to reinstatement, shall
pay a reinstatement fee in an amount equal to the renewal fee in
effect on the last regular renewal date before the date on which it
is reinstated plus the delinquency fee, if any, accrued at the time
of its revocation.