BILL NUMBER: SB 1205 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Aanestad
FEBRUARY 13, 2008
An act to amend Sections 4834, 4841.5, 4875.2, 4875.4, and 4883
of, and to add Sections 4809.8, 4832.5, and 4875.1 to, the Business
and Professions Code, relating to veterinary medicine.
LEGISLATIVE COUNSEL'S DIGEST
SB 1205, as introduced, Aanestad. Veterinary medicine.
Existing law, the Veterinary Medicine Practice Act, provides for
the licensure, registration, and regulation of veterinarians and
veterinary technicians by the Veterinary Medical Board. Existing law
requires the board to adopt a regular inspection program that
provides for random, unannounced inspections and authorizes the board
to deny, revoke, or suspend a license for various acts, including,
but not limited to, unprofessional conduct, as specified.
This bill would require the board to appoint a multidisciplinary
committee to assist, advise, and make recommendations for the
establishment of rules and regulations necessary to ensure proper
administration and enforcement of the act. The bill would require the
board to prioritize its investigative and prosecutorial resources in
a specified manner and to annually report and make publicly
available the number of disciplinary actions that are taken in each
priority category. The bill would also specify that unprofessional
conduct includes incompetence or gross negligence in carrying out the
usual functions of a licensed veterinarian that results in harm to
an animal patient.
Existing law authorizes the executive officer of the board to,
upon completion of an investigation, issue a citation to a
veterinarian or unlicensed person for violations of the act, as
specified. Existing law provides that a citation may contain a civil
penalty and authorizes the board to adopt regulations covering the
assessment of civil penalties which give due consideration to the
appropriateness of the penalty with respect to various factors,
including, but not limited to, the gravity of the violation.
This bill would require that consideration of the gravity of the
violation include a consideration of the extent to which a minor
deviation from the standard of care occurred that did not result in
harm to an animal patient. The bill would also prohibit a citation
following an investigation from including a civil penalty, except in
specified instances.
Existing law requires the board to establish an advisory committee
on issues pertaining to the practice of registered veterinary
technicians and vests that committee with various powers and duties.
Existing law authorizes the board to remove a member of the committee
for continued neglect of a duty, for incompetency, or for
unprofessional conduct.
This bill would require that the committee consist of 3 registered
veterinary technicians to be appointed by the Governor commencing
January 1, 2009. The bill would specify the term length and term
limit for committee members and would limit the number of times the
committee may meet each year. The bill would authorize the Governor
to remove a member of the committee for continued neglect of a duty,
for incompetency, or for unprofessional conduct, and would enact
other related provisions.
Existing law requires that an applicant for registration as a
veterinary technician furnish satisfactory evidence of graduation
from a 2-year curriculum in veterinary technology in a college or
postsecondary institution approved by the board. Alternatively,
existing law authorizes an applicant to furnish satisfactory evidence
of the equivalent of that requirement as determined by the board.
This bill would specify that the equivalent be the educational
equivalent of that requirement.
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 4809.8 is added to the Business and Professions
Code, to read:
4809.8. The board shall appoint a multidisciplinary committee to
assist, advise, and make recommendations for the establishment of
rules and regulations necessary to ensure proper administration and
enforcement of this chapter. Appointments shall be made from lists of
nominees solicited by the board and shall provide adequate and
proper representation of all persons affected by this chapter.
Subcommittees of the committee may be appointed, consisting of
committee members and consultants having particular knowledge in a
subject area, for the purpose of making recommendations to the board
for consideration in the establishment of rules and regulations
pertaining to inspections conducted pursuant to Sections 4809.5 and
4809.7. The board shall determine the terms of office of the members
of the committee and its subcommittees.
SEC. 2. Section 4832.5 is added to the Business and Professions
Code, to read:
4832.5. (a) The committee shall consist of three registered
veterinary technician members appointed by the Governor commencing
January 1, 2009. Appointments shall be for a term of two years.
(b) No member shall serve as a member of the committee for more
than two consecutive terms. The committee shall annually elect one of
its members as chairperson.
(c) The committee shall meet not more than three times annually,
except as authorized pursuant to subdivision (d). Notice of each
meeting of the committee shall be given at least two weeks in advance
to those persons and organizations who express an interest in
receiving that notice.
(d) The committee shall obtain permission from the board to meet
more than three times annually. The board shall approve the meetings
that are necessary for the committee to fulfill its duties under
Section 4833.
(e) The scope of the committee shall not exceed the authority
provided under Section 4833.
SEC. 3. Section 4834 of the Business and Professions Code is
amended to read:
4834. (a) The board or
the Governor has the power to remove from office at any time
any member of the committee for continued neglect of any duty
required by this article, for incompetency, or for unprofessional
conduct.
(b) This section shall become operative on July 1, 1998.
SEC. 4. Section 4841.5 of the Business and Professions Code is
amended to read:
4841.5. To be eligible to take the written and practical
examination for registration as a registered veterinary technician,
the applicant shall:
(a) Be at least 18 years of age.
(b) Furnish satisfactory evidence of graduation from, at minimum,
a two-year curriculum in veterinary technology, in a college or other
postsecondary institution approved by the board, or the
educational equivalent thereof as determined by the board. In
the case of a private postsecondary institution, the institution
shall also be approved by the Bureau for Private Postsecondary and
Vocational Education.
SEC. 5. Section 4875.1 is added to the Business and Professions
Code, to read:
4875.1. (a) In order to ensure that its resources are maximized
for the protection of the public, the board shall prioritize its
investigative and prosecutorial resources to ensure that
veterinarians and registered veterinary technicians representing the
greatest threat of harm are identified and disciplined expeditiously.
Cases involving any of the following allegations shall be handled on
a priority basis, as follows, with the highest priority being given
to cases in the first paragraph:
(1) Gross negligence, incompetence, or repeated negligent acts
that involve death or serious bodily injury to an animal patient,
such that the veterinarian or registered veterinary technician
represents a danger to the public.
(2) Drug or alcohol abuse by a veterinarian or registered
veterinary technician involving death or serious bodily injury to an
animal patient.
(3) Repeated acts of clearly excessive prescribing, furnishing, or
administering of controlled substances, or repeated acts of
prescribing, dispensing, or furnishing of controlled substances
without a good faith prior examination of the animal patient and
medical reason therefor.
(4) Practicing veterinary medicine while under the influence of
drugs or alcohol.
(b) The board may prioritize cases involving an allegation of
conduct that is not described in subdivision (a). Those cases
prioritized shall not be assigned a priority equal to or higher than
the priorities established in subdivision (a).
(c) The board shall annually report and make publicly available
the number of disciplinary actions that are taken in each priority
category specified in subdivisions (a) and (b).
SEC. 6. Section 4875.2 of the Business and Professions Code is
amended to read:
4875.2. (a) If, upon completion of an
investigation, the executive officer has probable cause to believe
that a veterinarian or an unlicensed person acting as a veterinarian
has violated provisions of this chapter, he or she may issue a
citation to the veterinarian or unlicensed 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 or unlicensed 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 or unlicensed
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 or unlicensed person has
violated any provisions of this chapter, a civil citation shall be
issued to the veterinarian or unlicensed person.
(b) Notwithstanding subdivision (a), a citation issued pursuant to
subdivision (a) shall not include a civil penalty unless one of the
following applies:
(1) The citation is for a violation of this chapter for which the
veterinarian or unlicensed person previously received a citation.
(2) Gross negligence has been committed and there is an immediate
danger to an animal patient.
(3) The veterinarian or unlicensed person receiving the citation
fails to remedy the violation within a period of time following the
issuance of the citation of at least 30 days, as determined by the
executive officer.
SEC. 7. 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 , including, but not limited
to, the extent to which a minor deviation from the standard of care
occurred that did not result in harm to an animal patient .
(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. 8. Section 4883 of the Business and Professions Code is
amended to read:
4883. The board may deny, revoke, or suspend a license 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 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
suspended or revoked, or assess a fine, or decline to issue a
license, 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 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 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 to conduct with
safety the practice authorized by the license.
(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 suspended or revoked or
assess a fine, or may decline to issue a license, 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 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.
(4) Incompetence or gross negligence in carrying out his or her
usual functions that results in harm to an animal patient.
(h) Failure to keep one'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.
() The revocation, suspension, or other discipline by another
state or territory of a license or certificate to practice veterinary
medicine 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.
(o) Violation, or the assisting or abetting violation, of any
regulations adopted by the board pursuant to this chapter.