BILL NUMBER: SB 1205 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 9, 2008
AMENDED IN SENATE APRIL 1, 2008
INTRODUCED BY Senator Aanestad
FEBRUARY 13, 2008
An act to amend Sections 4832, 4841.5, 4875.2, 4875.4,
and 4883 and 4875.4 of, and to add
Section 4875.1 Sections 4875.1 and 4875.3 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
inspect at any time a premises in which veterinary
medicine, veterinary dentistry, or veterinary surgery is being
practiced .
This bill would require the board to appoint a voluntary, advisory
multidisciplinary committee to assist, advise, and make
recommendations for the establishment
implementation 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provision inoperative on July 1, 2011, and repealed on January 1,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.
The bill would provide that, if the board determines, as a result of
inspection, that a premises or place is not in compliance with board
standards, the board provide a notice of deficiencies and a
reasonable time for complaince prior to commencing further
action.
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 in certain
circumstances and authorizes requires
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
whether the violation is minor . 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 , as specified . The bill
would also 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
in all cases .
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
5 registered veterinary technicians to be
appointed by the board commencing January 1, 2009. The bill would
specify the term length and term limit for committee members, would
limit the number of times the committee may meet each year, 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 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
implementation of rules and regulations necessary to ensure
proper administration and enforcement of this chapter.
Appointments Members of the committee shall be
made appointed 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. .
(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
five registered veterinary technician members appointed by the
board commencing January 1, 2009. Appointments shall be for a term of
three years , and shall be staggered accordingly .
(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 that
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. 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
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. 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 paragraph (1)
:
(1) Gross negligence, negligence, incompetence, or repeated
negligent acts that involve
(1) Negligence or incompetence that
involves death or serious bodily injury to an animal patient,
such that the veterinarian or registered veterinary technician
represents a danger to the public.
(2) Cruelty to animals.
(3) Unlicensed activity in violation of Section 4826.
(2)
(4) Drug or alcohol abuse by a veterinarian or
registered veterinary technician involving death or serious bodily
injury to an animal patient.
(3)
(5) Repeated acts of clearly
excessive prescribing, furnishing, or administering of controlled
substances, or repeated acts of prescribing, dispensing, or
furnishing of controlled substances without having first
established a veterinarian-client-patient relationship pursuant to
Section 2032.1 of Title 16 of the California Code of Regulations.
.
(4)
(6) 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. 5. Section 4875.2 of the Business and Professions Code is
amended to read:
4875.2. 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 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 current,
practicing veterinarian licensed in or employed by the
state either full time or part time and who has not been out of
practice for more than two years . 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.
SEC. 6. Section 4875.3 is added to the
Business and Professions Code , to read:
4875.3. If the board determines, as a result of its inspection of
the premises pursuant to Section 4809.5, or any other place where
veterinary medicine, veterinary dentistry, veterinary surgery, or the
various branches thereof is practiced, or that is otherwise in the
possession of a veterinarian for purpose of that practice, that it is
not in compliance with the standards established by the board, the
board shall provide a notice of any deficiencies and provide a
reasonable time for compliance with those standards prior to
commencing any further action pursuant to this article.
SEC. 6. 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. whether the violation is minor.
(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. 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) Gross negligence, negligence, or incompetence in carrying out
his or her usual functions.
(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.