BILL NUMBER: SB 1584	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Padilla

                        FEBRUARY 22, 2008

   An act to amend Sections 4842.5, 4866, 4867, 4868, 4869, 4870,
4871, 4873, and 4905 of, and to add Section 4842.7 to, the Business
and Professions Code, relating to veterinary medicine, and making an
appropriation therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1584, as introduced, Padilla. Veterinary medicine: fees.
   Existing law, the Veterinary Medicine Practice Act, provides for
the licensure or registration and regulation of veterinarians and
veterinary technicians by the Veterinary Medical Board of California
and makes a violation of that act a crime. Existing law authorizes
the board to make a charge for official documents pertaining to the
board's affairs. Existing law requires the board to set and collect
various other fees, including, but not limited to, a national
licensing examination fee for veterinarians, a registration fee for
veterinary technicians, a diversion program registration fee, and an
application fee for schools seeking approval of a registered
veterinary technician curriculum. Existing law sets the maximum
amounts of those fees, as specified, and requires deposit of revenue
from those fees into the Veterinary Medical Board Contingent Fund, a
continuously appropriated fund.
   This bill would add a provision to the act requiring a registered
veterinary technician to notify the board of his or her new mailing
address within 30 days of changing that address and to indicate, in
the application for renewal of registration, whether he or she has
changed his or her mailing address. The bill would add a fee of $25
for failing to report that change in mailing address. The bill would
delete the provision authorizing the board to make a charge for
official documents pertaining to the board's affairs and instead
provide that any charge for duplication or other services be set at
the cost of rendering the service, except as specified. This bill
would also increase the maximum amounts that the board may set for
certain other fees, as specified, and would delete the provision of
existing law requiring the board to set and collect the fee for the
national licensing examination. The bill would require that a school
or institution seeking approval of a registered veterinary technician
curriculum pay an application fee set by the board not to exceed
$300 and also pay the actual costs of an inspection conducted by the
board, as specified. The bill would make other nonsubstantive,
technical changes. By increasing the source of funds for a
continuously appropriated fund, the bill would make an appropriation.

   Because this bill would create new requirements within the
Veterinary Medicine Practice Act, the violation of which would be a
crime, the bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 4842.5 of the Business and Professions Code is
amended to read:
   4842.5.  The amount of fees prescribed by this article is that
fixed by the following schedule:
   (a) The fee for filing an application for examination shall be set
by the board in an amount it determines is reasonably necessary to
provide sufficient funds to carry out the purposes of this chapter,
not to exceed  two   three  hundred 
fifty  dollars  ($200)   ($350)  .
   (b) The fee for the California registered veterinary technician
examination shall be set by the board in an amount it determines is
reasonably necessary to provide sufficient funds to carry out the
purposes of this chapter, not to exceed three hundred dollars ($300).

   (c) The initial registration fee shall be set by the board at not
more than  one   three  hundred  fifty
 dollars  ($100)   ($350)  , except
that, if the license is issued less than one year before the date on
which it will expire, then the fee shall be set by the board at not
more than  fifty   one hundred seventy-five
 dollars  ($50)   ($175)  . The board
may adopt regulations to provide for the waiver or refund of the
initial registration fee where the registration is issued less than
45 days before the date on which it will expire.
   (d) The biennial renewal fee shall be set by the board at not more
than  one   three  hundred  fifty
 dollars  ($100)   ($350)  .
   (e) The delinquency fee shall be  twenty-five 
 set by the board at not more than fifty  dollars 
($25)   ($50)  .
   (f) Any charge made for duplication or other services shall be set
at the cost of rendering the services.
   (g) The fee for filing an application for approval of a school
 or institution offering a curriculum for training registered
veterinary technicians  pursuant to Section 4843 shall be set by
the board at an amount not to exceed the cost of the
approval process   three hundred dollars ($300). The
school or institution shall also pay for the actual costs of an
onsite inspection conducted by the board pursuant to Sec  
tion 2065.6 of Title 16 of the California Code of Regulations,
including, but not limited to, the travel, food, and lodging expenses
incurred by an inspection team sent by the board  . 
   (h) The fee for failure to report a change in the mailing address
is twenty-five dollars ($25). 
  SEC. 2.  Section 4842.7 is added to the Business and Professions
Code, to read:
   4842.7.  Every person registered by the board under this article
who changes his or her mailing address shall notify the board of his
or her new mailing address within 30 days of the change. The board
shall not renew the registration of any person who fails to comply
with this section unless the person pays the penalty fee prescribed
in Section 4842.5. An applicant for the renewal of a registration
shall specify in his or her application whether he or she has changed
his or her mailing address and the board may accept that statement
as evidence of the fact.
  SEC. 3.  Section 4866 of the Business and Professions Code is
amended to read:
   4866.  (a) The board shall establish criteria for the acceptance,
denial, or termination of veterinarians and  animal health
  registered veterinary  technicians in a diversion
program. Only those veterinarians and  animal health
  registered veterinary  technicians who have
voluntarily requested diversion treatment and supervision by a
diversion evaluation committee shall participate in a program.
   (b) The board shall establish criteria for the selection of
administrative physicians who shall examine veterinarians and
 animal health   registered veterinary 
technicians requesting diversion under a program. Any reports made
under this article by the administrative physician shall constitute
an exception to Sections 994 and 995 of the Evidence Code.
   (c) The diversion program may accept no more than 100 participants
who are licensees of the board.
  SEC. 4.  Section 4867 of the Business and Professions Code is
amended to read:
   4867.  The diversion evaluation committee shall inform each
veterinarian and  animal health   registered
veterinary  technician who requests participation in a program
of the procedures followed in the program, of the rights and
responsibilities of the veterinarian and  animal health
  registered veterinary  technician in the program,
and of the possible results of noncompliance with the program.
  SEC. 5.  Section 4868 of the Business and Professions Code is
amended to read:
   4868.  Each diversion evaluation committee shall have the
following duties and responsibilities:
   (a) To evaluate those veterinarians and  animal health
  registered veterinary  technicians who request
participation in the program according to the guidelines prescribed
by the board and to consider the recommendation of the administrative
physician on the admission of the veterinarian or  animal
health   registered veterinary  technician to the
diversion program.
   (b) To review and designate those treatment facilities to which
veterinarians and  animal health   registered
veterinary  technicians in a diversion program may be referred.
   (c) To receive and review information concerning veterinarians and
 animal health   registered veterinary 
technicians participating in the program.
   (d) To call meetings as necessary to consider the requests of
veterinarians and  animal health   registered
veterinary  technicians to participate in a diversion program,
and to consider reports regarding veterinarians and  animal
health   registered veterinary  technicians
participating in a program from an administrative physician, or from
others.
   (e) To consider in the case of each veterinarian and 
animal health   registered veterinary  technician
participating in a program whether he or she may with safety continue
or resume the practice of veterinary medicine or the assisting in
the practice of veterinary medicine.
   (f) To set forth in writing for each veterinarian and 
animal health   registered veterinary  technician
participating in a program a treatment program established for each
such veterinarian and  animal health  
registered veterinary  technician with the requirements for
supervision and surveillance.
   (g) To hold a general meeting at least twice a year, which shall
be open and public, to evaluate the program's progress, to review
data as required in reports to the board, to prepare reports to be
submitted to the board, and to suggest proposals for changes in the
diversion program.
  SEC. 6.  Section 4869 of the Business and Professions Code is
amended to read:
   4869.  Notwithstanding the provisions of Article 9 (commencing
with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2
of the Government Code, relating to public meetings, a diversion
evaluation committee may convene in closed session to consider
reports pertaining to any veterinarian or  animal health
  registered veterinary  technician requesting or
participating in a diversion program. A diversion evaluation
committee shall only convene in closed session to the extent that it
is necessary to protect the privacy of  such  a
veterinarian or  animal health   registered
veterinary  technician.
  SEC. 7.  Section 4870 of the Business and Professions Code is
amended to read:
   4870.  Each veterinarian and  animal health  
registered veterinary  technician who requests participation in
a diversion program shall agree to cooperate with the treatment
program designed by a diversion evaluation committee. Any failure to
comply with the provisions of a treatment program may result in
termination of the veterinarian's or  animal health 
 registered veterinary  technician's participation in a
program.
  SEC. 8.  Section 4871 of the Business and Professions Code is
amended to read:
   4871.  (a) After a diversion evaluation committee in its
discretion has determined that a veterinarian or  animal
health   registered veterinary  technician has been
rehabilitated and the diversion program is completed, the diversion
evaluation committee shall purge and destroy all records pertaining
to the veterinarian's or  animal health  
registered veterinary  technician's participation in a diversion
program.
   (b) All board and diversion evaluation committee records and
records of proceedings pertaining to the treatment of a veterinarian
or  animal health   registered veterinary 
technician in a program shall be kept confidential and are not
subject to discovery or subpoena.
  SEC. 9.  Section 4873 of the Business and Professions Code is
amended to read:
   4873.  The board shall charge each veterinarian and 
animal health   registered veterinary  technician
who is accepted to participate in the diversion program a diversion
program registration fee. The diversion program registration fee
shall be set by the board in an amount not to exceed  sixteen
hundred   four thousand  dollars  ($1,600)
  ($4,000)  . In the event that the diversion
program registration exceeds  two   five 
hundred dollars  ($200)   ($500)  , the
board may provide for quarterly payments.
  SEC. 10.  Section 4905 of the Business and Professions Code is
amended to read:
   4905.  The following fees shall be collected by the board and
shall be credited to the Veterinary Medical Board Contingent Fund:
   (a) The fee for filing an application for examination shall be set
by the board in an amount it determines is reasonably necessary to
provide sufficient funds to carry out the purpose of this chapter,
not to exceed  one   three  hundred 
fifty  dollars  ($100)   ($350)  .

   (b) The fee for the licensing examination shall be set by the
board in an amount it determines is reasonably necessary to provide
sufficient funds to carry out the purpose of this chapter, not to
exceed three hundred twenty-five dollars ($325).  
   (c) 
    (b)  The fee for the California state board examination
shall be set by the board in an amount it determines is reasonably
necessary to provide sufficient funds to carry out the purpose of
this chapter, not to exceed  one   three 
hundred fifty dollars  ($150)   ($350)  .

   (d) 
    (c)  The fee for the Veterinary Medicine Practice Act
examination shall be set by the board in an amount it determines
reasonably necessary to provide sufficient funds to carry out the
purpose of this chapter, not to exceed  fifty  
one  hundred  dollars  ($50)  
($100)  . 
   (e) 
    (d)  The initial license fee shall be set by the board
not to exceed  two   five  hundred 
fifty  dollars  ($250)   ($500) 
except that, if the license is issued less than one year before the
date on which it will expire, then the fee shall be set by the board
at not to exceed  one   two  hundred
 twenty-five   fifty  dollars 
($125)   ($250)  . The board may, by appropriate
regulation, provide for the waiver or refund of the initial license
fee where the license is issued less than 45 days before the date on
which it will expire. 
   (f) 
    (e)  The renewal fee shall be set by the board for each
biennial renewal period in an amount it determines is reasonably
necessary to provide sufficient funds to carry out the purpose of
this chapter, not to exceed  two   five 
hundred  fifty  dollars  ($250) 
 ($500)  . 
   (g) 
    (f)  The temporary license fee shall be set by the board
in an amount it determines is reasonably necessary to provide
sufficient funds to carry out the purpose of this chapter, not to
exceed  one   two  hundred 
twenty-five   fifty  dollars  ($125)
  ($250)  . 
   (h) 
    (g) The delinquency fee shall be set by the board, not
to exceed  twenty-five   fifty  dollars
 ($25)   ($50)  . 
   (i) 
    (h)  The fee for issuance of a duplicate license is
 ten   twenty-five  dollars  ($10)
  ($25)  . 
   (j) 
    (i)   The board may make a charge for records,
transcripts, and other official documents pertaining to the affairs
of the board   Any charge made for duplication or other
services shall be set at the cost of rendering the service, except as
specified   in subdivision (h)  . 
   (k) 
    (j)  The fee for failure to report a change in the
mailing address is  fifteen   twenty-five 
dollars  ($15)   ($25)  . 
   (l) 
   (k)  The initial and annual renewal fees for registration
of veterinary premises shall be set by the board in an amount not to
exceed  one   four  hundred dollars
 ($100)   ($400)  annually. 
   (m) 
    (l)  If the money transferred from the Veterinary
Medical Board Contingent Fund to the General Fund pursuant to the
Budget Act of 1991 is redeposited into the Veterinary Medical Board
Contingent Fund, the fees assessed by the board shall be reduced
correspondingly. However, the reduction shall not be so great as to
cause the Veterinary Medical Board Contingent Fund to have a reserve
of less than three months of annual authorized board expenditures.
The fees set by the board shall not result in a Veterinary Medical
Board Contingent Fund reserve of more than 10 months of annual
authorized board expenditures.
  SEC. 11.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.