BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 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





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           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  







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             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  







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             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  







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             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)








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           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  







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          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

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