BILL NUMBER: SB 969	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Aanestad

                        FEBRUARY 23, 2007

   An act to amend Sections 4830 and 4848 of, to amend and renumber
Section 4826.2 of, and to amend, renumber, and add Section 4826.1 of,
the Business and Professions Code, relating to veterinary medicine.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 969, as introduced, Aanestad. Veterinary medicine.
   Existing law requires the Veterinary Medical 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. Under
existing law, the board must waive those examination requirements and
issue a temporary license to an applicant who, among other
requirements, has practiced clinical veterinary medicine for a
minimum of 4 years full time within the 5 years immediately preceding
filing an application for licensure.
   This bill would instead require the board to waive the examination
requirements and issue a temporary license to an applicant who,
among other requirements, within the 3 years immediately preceding
filing an application, has practiced clinical veterinary medicine for
a minimum of 2 years and completed a minimum of 3,000 hours of
clinical practice. The bill would also require the board to waive the
examination requirements and issue a license to a person who, among
other requirements, is certified by a specified organization or
association.
   Existing law provides that a person practices veterinary medicine
when he or she, among other things, administers a drug for the
prevention, cure, or relief of a wound, fracture, bodily injury, or
disease of animals, except where the drug is administered by a
registered veterinary technician or an unregistered assistant at the
direction of and under the direct supervision of a licensed
veterinarian.
   This bill would authorize a registered veterinary technician and
an unregistered assistant to administer a drug, except for the
induction of anesthesia, under the indirect supervision, as defined,
of a licensed veterinarian. This bill would also define drugs and
indirect supervision for purposes of that provision.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 4826.1 of the Business and Professions Code is
amended and renumbered to read:
    4826.1.   4826.2.   A veterinarian who
on his or her own initiative, at the request of an owner, or at the
request of someone other than the owner, renders emergency treatment
to a sick or injured animal at the scene of an accident shall not be
liable in damages to the owner of that animal in the absence of gross
negligence.
  SEC. 2.  Section 4826.1 is added to the Business and Professions
Code, to read:
   4826.1.  (a) Notwithstanding any other provision of law, a
registered veterinary technician or an unregistered assistant may
administer a drug under the indirect supervision of a licensed
veterinarian when done pursuant to the order, control, and full
professional responsibility of a licensed veterinarian. However, no
person, other than a licensed veterinarian, may induce anesthesia
unless authorized by regulation of the board.
   (b) For purposes of this section, the following definitions apply:

   (1) "Drug" has the same meaning as that term is defined in Section
11014 of the Health and Safety Code.
   (2) "Indirect supervision" means (A) that the supervisor is not
physically present at the location where animal health care job tasks
are to be performed, but has given either written or oral
instructions ("direct orders") for treatment of the animal patient;
and (B) the animal has been examined by a veterinarian at such times
as good veterinary medical practice requires, consistent with the
particular delegated animal health care task and the animal is not
anesthetized as defined in Section 2032 of Title 16 of the California
Code of Regulations.
  SEC. 3.  Section 4826.2 of the Business and Professions Code is
amended and renumbered to read:
    4826.2.   4826.3.   Notwithstanding any
other provision of law, a veterinarian, registered veterinary
technician, or an unregistered assistant working under the
supervision of a veterinarian, may provide veterinary care and
treatment for  any   an  animal restricted
pursuant to Section 2118 of the Fish and Game Code. A veterinarian,
registered veterinary technician, or an unregistered assistant
working under the supervision of a veterinarian, may lawfully possess
one or more of the animals only for the period of time that, in his
or her judgment, veterinary care and treatment are necessary. No
veterinarian, registered veterinary technician, or unregistered
assistant working under the supervision of a veterinarian, has a duty
to advise law enforcement if he or she becomes aware that one or
more of the animals is possessed in the state. For the purposes of
this section, "veterinary care and treatment" does not include
boarding when no veterinary care or treatment is required.
  SEC. 4.  Section 4830 of the Business and Professions Code, as
amended by Section 1 of Chapter 823 of the Statutes of 2006, is
amended to read:
   4830.  (a) This chapter does not apply to:
   (1) 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.
   (2) Regularly licensed veterinarians in actual consultation from
other states.
   (3) 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.
   (4) 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.
   (5) 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)  
(f)  of Section 4848, appointed by the University of California,
Davis, or the Western University of Health Sciences.
   (6) 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 paragraph shall not
otherwise engage in the practice of veterinary medicine unless he or
she is issued a license by the board.
   (7) 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.
   (8) Veterinarians employed by a city, city and county, or county
who meet all of the following criteria:
   (A) They have earned and possess a doctorate in veterinary
medicine from an American Veterinary Medical Association-accredited
college of veterinary medicine, or they possess a degree in
veterinary medicine from a non-American Veterinary Medical
Association-accredited college of veterinary medicine and possess a
certificate issued by the Educational Commission for Foreign
Veterinary Graduates or a certificate issued by the Program for
Assessment of Veterinary Equivalence, or they have achieved board
certification from the American College of Veterinary Pathologists.
   (B) They have successfully completed a residency approved by the
American College of Veterinary Pathologists.
   (C) They are conducting activities, under the direct supervision
of a California licensed veterinarian, related to pathology and
epidemiology on dead animals as part of a government program to
monitor a disease or a disease-related condition or to investigate,
control, or eradicate a disease.
   (b) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2011, deletes or extends that
date.
  SEC. 5.  Section 4830 of the Business and Professions Code, as
added by Section 2 of Chapter 823 of the Statutes of 2006, is amended
to read:
   4830.  (a) This chapter does not apply to:
   (1) 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.
   (2) Regularly licensed veterinarians in actual consultation from
other states.
   (3) 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.
   (4) 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.
   (5) 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)  
(f)  of Section 4848, appointed by the University of California,
Davis, or the Western University of Health Sciences.
   (6) 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 paragraph shall not
otherwise engage in the practice of veterinary medicine unless he or
she is issued a license by the board.
   (7) 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.
   (b) This section shall become operative on January 1, 2011.
  SEC. 6.  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   a  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   an  examination or  any 
 a  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
 ,   within the three years immediately preceding filing
an application for licensure in this state,  has practiced
clinical veterinary medicine for a minimum of  four 
 two  years  full time within the five years
immediately preceding filing an application for licensure in this
state   and completed a minimum of 3,000 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).
   (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).  
   (c) The board shall waive the examination requirements of
subdivision (a) and issue a license to an applicant to practice
veterinary medicine 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.
 
   (2) The applicant is certified by an organization or association
that is recognized by the American Veterinary Medical Association and
that meets the requirements of the American Board of Veterinary
Specialties.  
   (3) 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).  
   (d) Upon receipt of acknowledgment of successful completion of the
requirements set forth in subdivision (b) or (c), the board shall
issue a license to the applicant. An 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). An applicant who does not meet the requirements of
subdivision (c) shall either take a California state board
examination as specified in subparagraph (B) of paragraph (2) of
subdivision (a) or apply for a temporary license as specified in
subdivision (b).  
   (d) 
    (e)  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. 
   (f) The phrase "in good standing" means that an applicant under
this section meets both of the following requirements:  
   (1) Is not currently under investigation nor has been charged with
an offense for an act substantially related to the practice of
veterinary medicine by a public agency, nor entered into a consent
agreement or subject to an administrative decision that contains
conditions placed by an agency upon the applicant's professional
conduct or practice, including a 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.  
   (2) 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.