BILL NUMBER: SB 1205 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 1, 2008
INTRODUCED BY Senator Aanestad
FEBRUARY 13, 2008
An act to amend Sections 4834 4832 ,
4841.5, 4875.2, 4875.4, and 4883 of, and to add Sections
4809.8, 4832.5, and 4875.1 to Section 4875.1 to, and
to add and repeal Section 4809.8 of , the Business and
Professions Code, relating to veterinary medicine.
LEGISLATIVE COUNSEL'S DIGEST
SB 1205, as amended, 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 voluntary,
advisory 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
and would make this provision inoperative on July 1,
2011, and repealed on January 1, 2012 . 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 , negligence, 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 requires that, before issuing
a citation, the executive officer 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. 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
require that, before the issuance of a citation, the alleged
violation be submitted to at least one designee of the board who is a
current, practicing veterinarian licensed in or employed by the
state. The bill would also prohibit a citation
following an investigation from including a civil penalty, except in
specified instances authorize a citation to contain an
assessment of a civil penalty upon the cited person's failure to
comply with the citation after the time period allotted for
compliance has expired .
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
board 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 , and would enact
other related provisions . 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 education or a combination of education
and clinical practice experience may constitute the
equivalent of that requirement , as determined by the
board .
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. (a) The board shall appoint a
voluntary, advisory 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. 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 inoperative on July 1, 2011, and as
of January 1, 2012, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2012, deletes or extends
the dates on which it becomes inoperative and is repealed. The repeal
of this section renders the committee subject to the review required
by Division 1.2 (commencing with Section 473).
SEC. 2. Section 4832 of the Business
and Professions Code , as amended by Section 5 of Chapter
467 of the Statutes of 2004, is amended to read:
4832. (a) The board shall establish an advisory committee on
issues pertaining to the practice of veterinary technicians, that
shall be known as the Registered Veterinary Technician Committee,
hereafter referred to as the committee.
(b) It is the intent of the Legislature that the Veterinary
Medical Board, in implementing this article, give specific
consideration to the recommendations of the Registered Veterinary
Technician Committee.
(c) The committee shall consist of three registered veterinary
technician members appointed by the board commencing January 1, 2009.
Appointments shall be for a term of three years.
(d) 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.
(e) The committee shall meet not more than three times annually,
except as authorized pursuant to subdivision (f). 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.
(f) 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.
(g) The scope of the committee shall not exceed the authority
provided under Section 4833.
SEC. 4. SEC. 3. 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) (1) 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.
(2) For purposes of this subdivision, education or a combination
of education and clinical practice experience may constitute the
equivalent of the graduation requirement imposed under this
subdivision, as determined by the board.
SEC. 5. SEC. 4. 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, 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 having first established
a veterinarian-client-patient relationship pursuant to Section 2032.1
of Title 16 of the California Code of Regulations .
(4) Practicing veterinary medicine while under the influence of
drugs or alcohol.
(5) Unlicensed activity.
(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. SEC. 5. 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 upon the cited
person's failure to comply with the terms of the citation after the
time period allotted for compliance has expired . 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 current, practicing
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. SEC. 6. 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. SEC. 7. 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 Gross
negligence, negligence, or incompetence 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.