BILL ANALYSIS
SB 1584
Page 1
Date of Hearing: June 17, 2008
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mike Eng, Chair
SB 1584 (Padilla) - As Amended: June 11, 2008
SENATE VOTE : 21-15
SUBJECT : Veterinary medicine.
SUMMARY : Increases various fees for veterinarians and
registered veterinary technicians (RVTs), establishes a
committee to assist the Veterinary Medical Board (VMB) with
rules and regulations, specifies the membership of the RVT
committee, sets investigatory and enforcement priorities, and
makes other changes to the Veterinary Medicine Practice Act
(Act), as specified. Specifically, this bill :
1)Requires the VMB to appoint a voluntary, advisory,
multidisciplinary committee to assist, advise, and make
recommendations for the implementation of rules and
regulations necessary to ensure proper administration of the
Act. The committee shall consist of no more than nine
members, appointed by the VMB.
2)Specifies the membership terms and the composition of the RVT
committee as follows:
a) Three members shall be RVTs;
b) One member shall be either a licensed veterinarian or a
RVT; and,
c) One member shall be a member of the public.
3)Amends the RVT exam eligibility requirements to permit that
education or a combination of education and clinical
experience may constitute the equivalent of the current
graduation requirement, as specified.
4)Increases the regulatory ceiling on the following fees:
a) RVT examination application, from $200 to $350;
b) Initial RVT registration, from $100 to $350;
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c) Initial RVT registration for a license issued within a
year of expiration, from $50 to $175;
d) Biennial RVT renewal, from $100 to $350;
e) RVT and veterinary delinquency license, from $25 to $50;
f) Filing an application for approval of a school or
institution offering a curriculum for training RVTs, from
the actual cost of the approval to $300;
g) The diversion program registration fee for veterinarians
and RVTs from $1600 to $4000;
h) Filing an application for the veterinary examination
from $100 to $350;
i) State board veterinary examination, from $100 to $350;
j) Act examination, from $50 to $100;
aa) Initial veterinary license fee, from $250 to $500;
bb) Initial veterinary license issued within a year of
expiration, from $125 to $250;
cc) Biennial veterinary license renewal, from $250 to $500;
dd) Temporary license, from $125 to $250;
ee) Duplicate veterinary license, from $10 to $25;
ff) Failure of a veterinarian to report a change of address
from $15 to $25; and,
gg) Initial and annual renewal for registration of a
veterinary premises, from $100 to $400.
5)Requires a school or institution to pay for the actual costs
of an onsite inspection conducted by the VMB, as specified.
6)Sets the fee for failure of an RVT to report a change of
mailing address at $25.
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7)Requires every person registered by the VMB who changes his or
her mailing address to notify the VMB of the new mailing
address within 30 days of the change. States that the VMB
shall not renew the registration of any person who fails to
comply with this section unless the person pays a penalty fee.
8)Requires the VMB to prioritize its investigative and
prosecutorial resources to ensure that the most problematic
veterinarians and RVTs are identified and disciplined
expeditiously. The following shall be handled in descending
priority:
a) Negligence or incompetence that involves death or
serious bodily injury to an animal patient, such that the
veterinarian or RVT represents a danger to the public;
b) Cruelty to animals;
c) Conviction for a criminal charge or being subject to a
felony criminal proceeding, regardless of the outcome;
d) Drug or alcohol abuse involving death or serious bodily
injury to an animal patient;
e) Repeated acts of excessive prescribing, furnishing, or
administering of controlled substances, or repeated acts of
prescribing, dispensing, or furnishing of controlled
substances; and,
f) Practicing veterinary medicine while under the influence
of drugs or alcohol.
9)Requires the VMB to report annually and make publicly
available the number of disciplinary actions it takes, as
specified.
10)Specifies that veterinarians designated by the VMB to review
and investigate allegations must be employed by the state
either full time or part time and have not been out of
practice for more than four years.
11)Requires the VMB to provide a notice of deficiencies and a
reasonable time for compliance prior to further action for any
violations found as a result of an inspection.
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12)Requires the VMB to consider, in making regulations covering
the assessment of civil penalties, whether a violation is
minor.
13)States that any charges for copying or other services shall
be set at the cost of rendering the service, as specified.
EXISTING LAW :
1)Provides for the licensing and regulation of veterinarians,
RVTs, and veterinarian hospitals by the VMB in the Department
of Consumer Affairs; the VMB consists of seven members, three
of whom are public members, and that members of the VMB shall
hold office for a term of four years.
2)Provides that the VMB shall become inoperative on July 1,
2011, and as of January 1, 2012, is repealed.
3)Provides that the VMB has authority to adopt, amend or repeal
such rules and regulations as are reasonably necessary to
carry into effect the provisions of the Act.
4)Provides that the VMB may at any time inspect the premises in
which veterinary medicine, veterinary dentistry, or veterinary
surgery is being practiced and that the VMB shall establish a
regular inspection program which shall provide for random,
unannounced inspections.
5)Requires the VMB to establish an advisory committee on issues
pertaining to the practice of RVTs and vests the RVT committee
with various powers and duties and requires the VMB to give
specified consideration to the recommendations of the RVT
committee.
6)Requires that an applicant for registration as an RVT furnish
satisfactory evidence of graduation from a 2-year curriculum
in veterinary technology from a college or postsecondary
institution approved by the VMB, or the equivalent thereof as
determined by the VMB.
7)Authorizes the VMB to deny, revoke, or suspend a license for
various acts, including, but not limited to unprofessional
conduct, as specified.
8)Requires the VMB to establish diversion program (Program)
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criteria and provides that the Program cannot accept more than
100 participants. Additionally, authorizes the VMB to
establish diversion evaluation committees (DEC) and provides
for the DEC composition and duties.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author, "This measure is
intended to ensure that the VMB is able to fund board operations
and continue performing critical licensing and enforcement
functions that protect consumers and animals throughout the
state."
Background . The VMB licenses and regulates approximately 17,000
licensees including approximately 9,800 veterinarians, 4,200
RVTs and 2,600 veterinary hospitals. The VMB has remained
within its statutory limits and has not sought legislation to
increase the fee ceilings since 1992. According to the VMB, it
increased its fees through the regulatory process on October 1,
2007 to the current statutory maximums to cover increasing costs
of existing business operations. The current statutory fee
ceilings are not sufficient to offset a dwindling Contingent
Fund.
This bill is the result of efforts between the California
Veterinary Medical Association (CVMA) and the VMB to resolve the
differences between an earlier version of this bill and SB 1205
of 2007 (Aanestad), which was held in the Senate Business,
Professions, and Economic Development Committee.
Support : According to the CVMA, "When SB 1584 was introduced
earlier this year, the measures contained the authority for the
VMB to increase the statutory cap on more than 15 fees affecting
the veterinary profession. However, over the last several
years, the veterinary profession has been concerned that the VMB
has not been maximizing their resources as effectively and
efficiently as possible, particularly in the area of
enforcement. In addition, as the VMB's inspection and
enforcement program has been inconsistent, CVMA felt it was
necessary to advocate for implementation of some modest reforms,
including the establishment of a multidisciplinary advisory
committee to assist the VMB, similar to that used by the
Certified Public Accountants. Senator Padilla, Senator
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Ridley-Thomas and their staffs have been instrumental in
conducting a series of negotiations on the bill, resulting in
the profession supporting an increase in statutory fee cap
authority, if reforms to the VMB enforcement policies were
implemented. The resulting amendments, incorporated into the
most current version of the bill, are an effective solution
intended to ensure that the VMB is able to stay fiscally sound,
while revising the enforcement priorities and structure of the
VMB."
Committee amendments : The committee may wish to consider the
following amendment which would delete language in the bill that
inadvertently subjects every veterinarian and RVT to potential
discipline for prescribing and dispensing drugs on an ongoing
basis:
On page 9, line 36, delete ", or repeated acts of "
On page 9, delete line 37.
The committee may also wish to consider the following amendment,
which would clarify the terms for RVT committee members:
On page 5, line 4, delete "consecutive"
REGISTERED SUPPORT / OPPOSITION :
Support
California Veterinary Medical Association
Veterinary Medical Board
Opposition
None on file.
Analysis Prepared by : Sarah Huchel / B. & P. / (916) 319-3301