BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1760| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 1760 Author: Galgiani (D) Amended: 8/14/08 in Senate Vote: 21 SENATE BUS., PROF. & ECON. DEVEL. COMMITTEE : 9-0, 5/12/08 AYES: Ridley-Thomas, Aanestad, Calderon, Corbett, Denham, Florez, Harman, Simitian, Yee SENATE APPROPRIATIONS COMMITTEE : 12-0, 8/4/08 AYES: Torlakson, Cox, Aanestad, Cedillo, Corbett, Dutton, Florez, Kuehl, Oropeza, Simitian, Wyland, Yee NO VOTE RECORDED: Ashburn, Ridley-Thomas, Runner ASSEMBLY FLOOR : 75-0, 4/14/08 - See last page for vote SUBJECT : Veterinarians and registered veterinary technicians SOURCE : Western United Dairymen DIGEST : This bill requires the Veterinary Medical Board to offer the state board examination at least twice a year; makes other changes related to reciprocity and temporary licensing requirements for out-of-state veterinarians; clarifies the enforcement actions that may be taken against a registered veterinarian technician; and makes other technical and conforming changes to the Veterinary Medicine Practice Act. CONTINUED AB 1760 Page 2 Senate Floor Amendments of 8/14/08 double-joint this bill and SB 1584 (Padilla). ANALYSIS : Existing Law 1. Provides for the examination, licensing, and regulation of approximately 9,800 veterinarians and 4,300 registered veterinary technicians by the Veterinary Medical Board (VMB) in the Department of Consumer Affairs. 2. Establishes the VMB which consists of seven members, three of whom are public members and four of whom are licensed veterinarians, and requires the Governor to appoint the four licensed veterinarians and the Senate Committee on Rules and the Speaker of the Assembly to each appoint a public member. 3. Requires that the VMB shall, by means of examination, ascertain the professional qualifications of all applicants for licensure to practice veterinary medicine in this state and shall issue a license to every person whom it finds to be qualified. 4. Requires the examination to consist of a licensing examination that is administered on a national basis, a state board examination, and an examination concerning the statutes and regulations of the Veterinary Medicine Practice Act (VMP Act) administered by the VMB. 5. Requires that the complete examination (the state board examination) shall be given at least once each year and shall include all such subjects as are included in the curricula of veterinary colleges and may include such other subjects as the VMB may by rule authorize and direct. 6. Provides that the VMB may waive the examination requirements as specified and issue a temporary license valid for one year to an applicant to practice veterinary medicine under the supervision of another licensed California veterinarian if the applicant meets AB 1760 Page 3 the following requirements: A. Holds a current valid license from another state and has practiced clinical veterinary medicine for a minimum of four years. B. Is not under investigation nor been charged with an offense or subject o administrative disciplinary action by an agency or been subject to a judgment that the VMB determines constitutes evidence of incompetence or negligence. C. Has no physical or mental impairment related to drugs or alcohol and has not been found mentally incompetent. D. Has passed the national licensing examination. E. Graduated from a veterinary college recognized by the VMB. F. Passes an examination concerning the statutes and regulations of the VMP Act administered by the VMB. G. Agrees to complete an approved educational curriculum, as specified, on regionally specific and important diseases and conditions during the period of temporary licensure. 7. Provides that the VMB shall issue a temporary license valid for one year to an applicant accepted into a qualifying internship or residency program that meets specified requirements including graduation from a veterinary college or possess a certificate issued by the Educational Commission for Foreign Veterinary Graduates. This bill: 1. Specifies that the Governor appoint five members to the VMB, including one public member. 2. Requires that the state board examination for licensure AB 1760 Page 4 as a veterinarian be given at least twice each year. 3. Provides for purposes of reciprocity, that the VMB shall waive the examination requirements as specified and issue a license (rather than a temporary license) to an applicant to practice veterinary medicine if the applicant meets the following requirements: A. Holds a current valid license from another state and has practiced clinical veterinary medicine for a minimum of two (rather than four) years and completed a minimum of 2,944 hours of clinical practice. B. As stated in B), C), D), E) and F) of item #6 of "Existing Law" above. C. Completes an approved educational curriculum, as specified, on regionally specific and important diseases and conditions during the period of temporary licensure. 4. Provides that the VMB shall issue a temporary license valid for one year to an applicant to practice veterinary medicine under the supervision of a California licensed veterinarian if the applicant meets the following requirements: A. As stated in A) Item #3 under "This bill" above and B), C), D), E), F) of item #6 in "Existing Law" above. B. Agrees to complete an approved educational curriculum, as specified, on regionally specific and important diseases and conditions during the period of temporary licensure. 5. Provides that upon completion of the educational curriculum, a temporary licensee shall submit an application for full licensure accompanied by verification of completion of that curriculum and all applicable fees. 6. Provides that a certificate issued by the Program for AB 1760 Page 5 the Assessment of Veterinary Education Equivalency may also be used to qualify for a license, or a temporary license for an applicant who is in an internship or residency program, if they meet other requirements as specified. 7. Clarifies when the VMB may place on probation, revoke or suspend the registration of a veterinary technician or take other enforcement action as necessary against a registered veterinary technician, including a citation and fine. 8. Makes other various technical and conforming changes. 9. Provides that items two through five above are only operative if SB 1584 (Padilla) is enacted. 10.Is doubled-jointed to SB 1584 (Padilla). Previous Legislation SB 2003 (Knight), Chapter 1070, Statutes of 1998 , required the VMB to issue a temporary license to practice veterinary medicine, changed the requirements for the examination of applicants, required and authorized the VMB to set and appropriate the examination and licensing fees, and created a one-year temporary license for applicants accepted into a qualifying internship or residency programs. SB 969 (Aanestad), of 2007 , provided similar changes related to reciprocity and temporary licensing requirements for out-of-state veterinarians. This language was removed from the measure in Senate Appropriations Committee last year. There was concern over a fee increase for the examination and the temporary license which would be necessary to cover the workload of the VMB. FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes Local: No According to the Senate Appropriations Committee analysis: Fiscal Impact (in thousands) AB 1760 Page 6 Major Provisions 2008-09 2009-10 2010-11 Fund Temporary veterinary $76 $65 $65 ongoing Special* license License and penalty $9 $18 $18 Special* Revenue *Veterinary Medical Board Contingent Fund (VMBCF) SUPPORT : (Verified 8/15/08) Western United Dairymen (source) California Cattlemen's Association California Farm Bureau California Veterinary Medical Association California Veterinary Medical Board Department of Consumer Affairs Pacific Egg & Poultry Association ARGUMENTS IN SUPPORT : As explained by the Sponsor, the dairy industry is in short supply of "large animal" veterinarians and has been for several years. Their membership believes the overall shortage is due not only to lack of graduates, but lack of incentives for graduates to enter the veterinarian medical field. Large animals, in particular dairy animals, require specific and constant attention to their health and safety. The Sponsor indicates that this bill makes simple adjustments to the number of tests made available to veterinarian school graduates, thereby providing an "incentive" for graduates to test and license in California, and hopefully to stay and practice here. This bill will also encourage graduates, or applicants for a license [from other states] to seek testing in California. The Sponsor argues that the bill covers the issuance of a temporary license and seeks to provide timing alternatives for the applicant, providing somewhat of a competitive incentive to test and practice in California as opposed to AB 1760 Page 7 locating their practices in competing states. ASSEMBLY FLOOR : AYES: Adams, Aghazarian, Anderson, Arambula, Bass, Beall, Benoit, Berg, Berryhill, Blakeslee, Brownley, Charles Calderon, Carter, Cook, Coto, Davis, De La Torre, De Leon, DeSaulnier, DeVore, Duvall, Dymally, Emmerson, Eng, Evans, Feuer, Fuentes, Furutani, Galgiani, Garcia, Garrick, Hancock, Hayashi, Hernandez, Horton, Houston, Huff, Huffman, Jeffries, Jones, Karnette, Keene, Krekorian, La Malfa, Laird, Leno, Levine, Lieu, Ma, Maze, Mendoza, Mullin, Nakanishi, Nava, Niello, Parra, Plescia, Portantino, Price, Sharon Runner, Ruskin, Salas, Saldana, Silva, Smyth, Solorio, Spitzer, Strickland, Swanson, Torrico, Tran, Villines, Walters, Wolk, Nunez NO VOTE RECORDED: Caballero, Fuller, Gaines, Lieber, Soto JJA:do 8/15/08 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****